Commonwealth v. Kellyon

Opinion by

Mr. Justice Schaefer,

The question which appellant’s counsel raises on this appeal is whether on an indictment charging murder and manslaughter there can be a conviction of the latter crime, where the evidence establishes the offense was murder of the first degree in the perpetration of a robbery.

The Commonwealth claimed and all its evidence went to support the charge that the deceased was killed in the perpetration of the crime of robbery. The indictment contained two counts, one for murder and the other for manslaughter. The court defined the latter felony to the jury and then said…