Commonwealth v. Dorst

Opinion by

Mr. Justice Schaffer,

Appellant, under sentence to death for murder of the first degree committed in the perpetration of a robbery, brings to us for consideration two rulings of the judge who presided at the trial, which it is argued were erroneous. Appellant also submits what is alleged to be a failure on the judge’s part in his charge to call to the jury’s attention a legal limitation upon certain evidence produced by the Commonwealth.

The two rulings complained of are that the trial judge held the defendant (whose defense was that if he committed the crime he was at the time…