Powell v. Commonwealth

STANLEY, Commissioner.

The appellant, Huston A. Powell, is under a sentence of death for the murder of his wife. On a first trial he pleaded innocent, but was found guilty and the death penalty was imposed. The verdict was set aside for improper argument of the prosecuting attorney as to the right of parole if imprisoned. On the call of the case for another trial, the defendant pleaded guilty. Evidence was introduced by the Commonwealth concerning the homicide and by the defendant concerning his physical and mental disabilities. Under an instruction to fix the defendant’s punishment at death…