Commonwealth v. Razmus
Supreme Court of Pennsylvania
Appeal, No. 357, Jan. T., 1904, by defendant, from judgment of O. & T. Luzerne Co., Sept. T., 1904, No. 69, on verdict of guilty of murder in the first degree in the case of Commonwealth v. Martin Razmus. Indictment for murder. Before WHEATON, J. Verdict of guilty of murder in the first degree upon which judgment of sentence was passed. The prisoner appealed.
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Appeal, No. 357, Jan. T., 1904, by defendant, from judgment of O. & T. Luzerne Co., Sept. T., 1904, No. 69, on verdict of guilty of murder in the first degree in the case of Commonwealth v. Martin Razmus. Indictment for murder. Before WHEATON, J. Verdict of guilty of murder in the first degree upon which judgment of sentence was passed. The prisoner appealed. Errors assigned among others were the following : 1. The court erred in permitting the commonwealth to try the case on the theory that it was a killing committed in the perpetration of a robbery, and then in allowing counsel for defense…
1Opinion of the Court
Opinion by
Mb,. Chiee Justice Mitchell,
The prisoner being on trial for murder, and the killing not being really denied, the principal question at issue was the degree of the crime. The commonwealth pressed for a verdict of first degree partly on the theory that the killing was done in the perpetration of a robbery. Evidence tending to this conclusion was admitted, but before the final argument *611by the district attorney the judge informed him and subsequently charged the jury that the evidence was not sufficient and that a verdict should not be rendered on that basis. This was a distinct and…
2Cases cited2 opinions
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