Commonwealth v. Shawell

Opinion by

Mr. Chief Justice Kephart,

As the questions involved in these two appeals are similar, they will be disposed of in one opinion. Marcus England and Edward Shawell, were indicted for the murder of Evan Lape, operator of a gasoline service station, in the perpetration of robbery and burglary. England pleaded guilty, and Shawell changed his plea from not guilty to guilty. The trial judge, sitting alone in a court having three judges, heard the testimony, and found the murder to be first degree, fixing the penalties at death. The two other judges of the court concurred. Defendants were…