Commonwealth v. Melson

I respectfully dissent. I agree with neither the majority’s statements of the relevant facts, nor its statement and application of the controlling law. I find that William Melson was properly convicted of murder, and that the majority err in reversing his conviction.

FACTS AND PROCEDURAL HISTORY

Eugene Banks and Robert Malarchik entered into an illicit partnership to run a “swingers sex club” known as “The Woodlands” in Bucks County, Pennsylvania. Sometime after operations commenced, Banks became concerned that he was not receiving his fair share of the profits. Banks suspected that Malarchik…