Commonwealth v. Flax

Opinion by

Mr. Justice Maxey,

This is an appeal by defendant, Abraham Flax, from the judgment and sentence of the Court of Oyer and Terminer of the County of Philadelphia, entered upon a verdict of murder in the second degree. The Commonwealth alleges that on the night of July 8, 1937, Abraham Flax fatally shot his brother, Morris Flax, in the abdomen, the victim dying three days later. Defendant was charged in two bills of indictment, one with murder, and the other with voluntary and involuntary manslaughter.

The brothers conducted a provision business in a store located at 616 South 18th…