Commonwealth v. Ross

Supreme Court of Pennsylvania

Commonwealth v. Ross

296 A.2d 629, 449 Pa. 103, 1972 Pa. LEXIS 353

CourtSupreme Court of Pennsylvania

DecidedOctober 4, 1972

DocketAppeal, 188

StatusPublished

Cited by17 cases

This text of 296 A.2d 629 (Commonwealth v. Ross) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Ross, 296 A.2d 629, 449 Pa. 103, 1972 Pa. LEXIS 353 (Pa. 1972).

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Opinion

Per Curiam,

In 1962, following a jury trial in the Court of Oyer and Terminer of Allegheny County, the appellant was convicted of first-degree murder. The jury fixed the penalty at death. The conviction and sentence were affirmed by this Court, Commonwealth v. Ross, 413 Pa. 35, 195 A. 2d 81 (1963). Following denial of several “habeas corpus” petitions not germane to this proceeding, by both the Federal Courts and this Court, appellant filed the present petition in 1969, pursuant to the Post Conviction Hearing Act, contending that the jury which convicted and sentenced him to death was selected in violation of the principles announced in Witherspoon v. Illinois, 391 U.S. 510 (1968). Following an evidenitary hearing, appellant’s petition was denied. This appeal followed.

Inasmuch as the United States Supreme Court, in Furman v. Georgia, 408 U.S. 238 (1972), has ruled *105 that the imposition of the death penalty under statutes such as the one in which the death penalty was imposed upon appellant * is violative of the Eighth and Fourteenth Amendments, it is unnecessary for us to consider appellant’s claim of noncompliance with the Witherspoon standard. The United States Supreme Court, in Moore v. Illinois, 408 U.S. 786, 800 (1972), quoting from Witherspoon, stated: “Nor finally, does today’s holding render invalid the conviction, as opposed to the sentence, in this or any other case. The sentence of death, however, may not now be imposed.” See Commonwealth v. Bradley, 449 Pa. 19, 295 A. 2d 842 (1972).

The sentence of death is vacated and appellant is sentenced to life imprisonment.

The former Mr. Chief Justice Bell and the late Mr. Justice Cohen took no part in the decision of this case.

*

Act of Juno 24, 1939, P. L. 872, §701, as amended, 18 P.S. §4703.

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Opinion

Per Curiam,

In 1962, following a jury trial in the Court of Oyer and Terminer of Allegheny County, the appellant was convicted of first-degree murder. The jury fixed the penalty at death. The conviction and sentence were affirmed by this Court, Commonwealth v. Ross, 413 Pa. 35, 195 A. 2d 81 (1963). Following denial of several “habeas corpus” petitions not germane to this proceeding, by both the Federal Courts and this Court, appellant filed the present petition in 1969, pursuant to the Post Conviction Hearing Act, contending that the jury which convicted and sentenced him to death was selected in violation of the principles announced in Witherspoon v. Illinois, 391 U.S. 510 (1968). Following an evidenitary hearing, appellant’s petition was denied. This appeal followed.

Inasmuch as the United States Supreme Court, in Furman v. Georgia, 408 U.S. 238 (1972), has ruled *105 that the imposition of the death penalty under statutes such as the one in which the death penalty was imposed upon appellant * is violative of the Eighth and Fourteenth Amendments, it is unnecessary for us to consider appellant’s claim of noncompliance with the Witherspoon standard. The United States Supreme Court, in Moore v. Illinois, 408 U.S. 786, 800 (1972), quoting from Witherspoon, stated: “Nor finally, does today’s holding render invalid the conviction, as opposed to the sentence, in this or any other case. The sentence of death, however, may not now be imposed.” See Commonwealth v. Bradley, 449 Pa. 19, 295 A. 2d 842 (1972).

The sentence of death is vacated and appellant is sentenced to life imprisonment.

The former Mr. Chief Justice Bell and the late Mr. Justice Cohen took no part in the decision of this case.

*

Act of Juno 24, 1939, P. L. 872, §701, as amended, 18 P.S. §4703.

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Bluebook (online)

296 A.2d 629, 449 Pa. 103, 1972 Pa. LEXIS 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-ross-pa-1972.

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