Appeal, No. 262, March T., 1962, from judgment of Court of Oyer and Terminer of Fayette County, Dec. T., 1961, Nos. 55/193, in case of Commonwealth of Pennsylvania v. John Wilkes, Sr. Judgment affirmed.
Russell I. Jenkins, for appellant.
William J. Franks, Assistant District Attorney, and John R. Hoye, District Attorney, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION BY MR. JUSTICE EAGEN
The appellant-defendant, John Wilkes, Sr., was convicted by a jury of murder in the second degree. Following the denial of a motion for a new trial and imposition of sentence, this appeal was filed.
The Commonwealth's proof established the following:
The defendant, a married man, lived apart from his wife, in Layton Hill, a rural community in Fayette County, Pennsylvania. A young daughter resided with him, and on the date in question one Elizabeth Wingrove was visiting there overnight.
Around eleven o'clock p.m., Ronald Wilkes, a son of the defendant came to his father's residence seeking Elizabeth Wingrove, with whom both he and the defendant were carrying on an illegal relationship. Ronald knocked at the door several times, but the father refused to admit him, telling him that Elizabeth was not there, that he (the defendant) had a gun and that the son should go away.
The son kicked the door in, breaking the glass therein, in an attempt to enter. Immediately and as Ronald stood in the doorway, the defendant shot him in the left upper abdomen with a shotgun. He died within a few minutes.
The defendant, at trial, contended that the shooting was justifiable. He admitted knowing that his son was the intruder, and having intentionally fired the fatal shot. However, he testified that he heard more than one voice outside the door making threats to come in and "do him up." Also, ...