Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

COMMONWEALTH PENNSYLVANIA v. LEROY SAXTON (03/17/76)

decided: March 17, 1976.

COMMONWEALTH OF PENNSYLVANIA
v.
LEROY SAXTON, APPELLANT (TWO CASES)



COUNSEL

Timothy J. Savage, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., James J. Wilson, Philadelphia, for appellee.

Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Jones, C. J., took no part in the consideration or decision of this case.

Author: O'brien

[ 466 Pa. Page 440]

OPINION OF THE COURT

Appellant, Leroy Saxton, was indicted for murder, aggravated robbery, burglary, conspiracy and violation of the Uniform Firearms Act arising out of the robbery and murder of Michael Kerrigan at a service station in Philadelphia. Appellant was tried by a judge and jury and was found guilty of first-degree murder, aggravated robbery and conspiracy. Post-trial motions were denied and appellant was sentenced to life imprisonment on the first-degree murder conviction, and ten to twenty years on the aggravated robbery charge.*fn1 This appeal followed.

Appellant argues that the court below erred in dismissing Juror No. 6 in violation of Pa.R.Crim.P. 1108(a), without a showing that the juror was "unable or disqualified to perform their duties." We agree.

Pa.R.Crim.P. 1108(a) provides:

"(a) The trial judge may direct that not more than two jurors in addition to the principal jurors he called and impanelled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace principal jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. An alternate juror who does not replace a principal juror shall be discharged before the jury retires to consider its verdict."

The facts surrounding the dismissal of Juror No. 6 are as follows. On the fourth day of appellant's trial, the trial judge sua sponte called a conference in chambers. The participants included the district attorney, William T. Cannon, defense counsel, Timothy Savage, and Juror No. 6.

[ 466 Pa. Page 441]

During the conference the trial judge asked Juror No. 6 the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.