Commonwealth v. Parmer
Decision Date | 03 January 1950 |
Citation | 70 A.2d 296,364 Pa. 11 |
Parties | COMMONWEALTH v. PARMER. |
Court | Pennsylvania Supreme Court |
Argued November 17, 1949
Appeal, No. 155, Jan. T. 1949, from judgment of Court of Oyer & Terminer of Philadelphia County, July Sessions, 1948, No 2, in case of Commonwealth of Pennsylvania v. William Parmer. Judgment affirmed.
Indictment charging defendant with murder. Before OLIVER, P.J.
Verdict of guilty of murder in the second degree and judgment of sentence entered thereon. Defendant appealed.
The judgment is affirmed.
Albert S. Oliensis, with him A. Allan Goodman, for appellant.
Raymond A. Speiser, Assistant District Attorney, with him John H. Maurer, District Attorney, for appellee.
Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES JJ.
The appellant was convicted of murder in the second degree and sentenced to imprisonment for a term of not less than seven years and two months and not more than fourteen years and four months. He received a fair trial which was reviewed by a court in banc composed of three judges who refused his motion for a new trial. He now presents but two contentions: first that he is entitled to a new trial on the ground that he should not have been "convicted of a higher crime than his principal" who had been convicted of voluntary manslaughter: his second contention is that the trial judge erred in allowing the jury to have a copy of the indictment instead of the original which had written on it that the principal in the first degree was convicted of voluntary manslaughter.
A principal in the first degree is one who commits the crime: 4 Bl. Comm. *34; 1 East P.C. 228; 1 Hale P.C. *615; Clark and Marshall on Crimes, 4th ed., section 159. A principal in the second degree is one who is present when a felony is committed by another, and who aids or abets in its commission: 4 Bl. Comm. *34; 1 Hale P.C. *438, *615; 2 Hawkins P.C., chapter 29, section 7; Banson v. Offley, 3 Mod. 121, 87 Eng. Rep. 78; Clark and Marshall on Crimes, section 163. Also see Perkins, Parties to Crime, 89 U. of P. Law Rev. 581 (1941).
The appellant, Parmer, and Robert J. McGrogan, were fellow prisoners in the penitentiary on June 1, 1948, when they killed Richard Rafter, Jr., another prisoner. President Judge OLIVER, in the opinion written for the court in banc, refusing appellant's motion for a new trial, described the murder as follows:
There was evidence of a feud between the two men and their victim. The appellant and McGrogan were indicted together for murder but, on appellant's application, he...
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