69 A.2d 123 (Pa. 1949), Commonwealth v. Davis

Citation:69 A.2d 123, 363 Pa. 91
Opinion Judge:MR. JUSTICE ALLEN M. STEARNE
Party Name:COMMONWEALTH v. DAVIS.
Attorney:Jacob Shulgold , with him Harry I. Glick , for appellant. Joseph I. Lewis , Assistant District Attorney, with him William S. Rahauser , District Attorney, for appellee.
Judge Panel:Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.
Case Date:November 14, 1949
Court:Supreme Court of Pennsylvania
 
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Page 123

69 A.2d 123 (Pa. 1949)

363 Pa. 91

COMMONWEALTH

v.

DAVIS.

Supreme Court of Pennsylvania

November 14, 1949

Argued September 26, 1949

Appeal, No. 165, March T., 1949, from judgment and sentence of Court of Oyer and Terminer of Allegheny County, Sept. Sessions, 1948, No. 58, in case of Commonwealth v. Edward Davis. Judgment and sentence affirmed.

Indictment charging defendant with murder. Before ELLENBOGEN, J.

Verdict of guilty, with penalty of life imprisonment, and judgment of sentence entered thereon. Defendant appealed.

Judgment and sentence affirmed.

Jacob Shulgold , with him Harry I. Glick , for appellant.

Joseph I. Lewis , Assistant District Attorney, with him William S. Rahauser , District Attorney, for appellee.

Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.

OPINION

Page 124

[363 Pa. 92] MR. JUSTICE ALLEN M. STEARNE

A jury convicted the defendant, Edward Davis, of murder in the first degree, with a recommendation of life imprisonment. His appeal is based upon the refusal of the court below to grant motions for a directed verdict of "not guilty" or for a new trial. At the trial a single issue of fact was presented, viz: whether gun shot wounds which caused the death were accidentally or feloniously inflicted by defendant.

Defendant was indicted and tried for the killing, on May 29, 1948, of a woman named Willie Thompson, with whom he had meretriciously cohabited until one month prior to the homicide. Upon their separation the deceased continued to occupy an apartment on the third floor rear of a tenement house, while defendant roomed with a make friend in another part of the city. with a male friend in another part of the city. Apparently defendant desired to resume their former relationship, to which deceased would not consent. She complained to a justice of the peace. Defendant was placed under bond and directed to stay away from deceased's apartment. Tenants testified that defendant on at least two occasions came to the locked door of deceased's apartment, demanding entry, which was refused, and that defendant threatened to break in the door and kill [363 Pa. 93] her. It was testified that on one occasion deceased was heard to scream in the hall that appellant was attempting to cut her with a knife which defendant denied.

On the night of the...

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