Commonwealth v. May

*243 OPINION OF THE COURT

CAPPY, Justice.

Following a trial by jury, Appellant, Freeman May, was convicted of first degree murder1 in connection with the stabbing death of Kathy Lynn Fair. After a separate penalty hearing was held, the jury found one aggravating circumstance and one mitigating circumstance, and further found that the aggravating circumstance outweighed the mitigating circumstance. Therefore, the penalty was fixed at death. This is an automatic direct appeal from that sentence.2 For the reasons discussed below we affirm the conviction of first degree murder but vacate the sentence…