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COMMONWEALTH v. OTT

417 Pa. 269 (1965)

Commonwealth v. Ott, Appellant.

Supreme Court of Pennsylvania.

March 16, 1965.

Attorney(s) appearing for the Case

George Levering Arnhold, with him Harry R. Back, for appellant.

William H. Wolf, Jr., Assistant District Attorney, with him Joseph M. Smith, Assistant District Attorney, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE EAGEN, March 16, 1965:

Russell John Ott was convicted by a jury of murder in the first degree. The case was tried under the so-called Split-Verdict Act of December 1, 1959, P.L. 1621, § 1, 18 P.S. § 4701, and after the jury failed to agree upon the punishment to be imposed, it was discharged. A new trial was denied and Ott was sentenced to imprisonment for life. From this judgment the present...

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