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COMMONWEALTH v. SMITH

405 Pa. 456 (1962)

Commonwealth v. Smith, Appellant.

Supreme Court of Pennsylvania.

January 2, 1962.

Attorney(s) appearing for the Case

Gilbert P. High, with him Joseph P. Phelps, Jr., for appellant.

Vincent A. Cirillo, Assistant District Attorney, with him Harold W. Spencer, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN and ALPERN, JJ.

OPINION BY MR. CHIEF JUSTICE BELL, January 2, 1962:

Elmo Smith, age 39, was convicted by a jury of first degree murder. The jury after hearing in accordance with the Act of June 24, 1939, as amended by the Act of December 1, 1959, P.L. 1621, all the evidence pro and con to show what manner of man Smith was, in order to determine the penalty, fixed the penalty at death.

This was an atrocious, brutal, inhuman rape and...

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