Commonwealth v. Ott

Opinion by

Mr. Justice Eagen,

Russell John Ott was convicted by a jury of murder in the first degree. The case was tried under the so-called Split-Verdict Act of December 1, 1959, P. L. 1621, §1, 18 P.S. §4701, and after the jury failed to agree upon the punishment to be imposed, it was dis*271charged. A new trial was denied and Ott was sentenced to imprisonment for life. From this judgment the present appeal was filed.

The prime question for decision is whether or not the learned trial judge erred in charging the jury that in his opinion the defendant was guilty and it was his duty to tell them so.…