# Commonwealth v. Jermyn

> Supreme Court of Pennsylvania · October 15, 1987 · 516 Pa. 460

URL: https://www.frixlaw.com/law-library/cases/9702242

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellee, v. Fredric JERMYN, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** October 15, 1987
- **Citations:** 516 Pa. 460; 533 A.2d 74; 1987 Pa. LEXIS 818
- **Precedential status:** Published
- **Opinion:** Concurring in part by Hutchinson
- **Judges:** Nix, Larsen, Flaherty, McDermott, Papadakos, Hutchinson
- **Cited by:** 66 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9702242

## How later opinions describe it (automated extraction)

- rejecting federal and state constitutional argu ments in favor of separate juries for guilt and penalty phases
- rejecting federal and state constitutional argu *58 ments in favor of separate juries for guilt and penalty phases

## Opinion text

HUTCHINSON, Justice, concurring and dissenting.
I concur with the Court that the jury’s finding of guilt should be affirmed, but do not adopt all its reasoning on that issue. I dissent, however, from its mandate affirming the death sentence. I cannot agree that our Legislature intended to include in the sixth aggravating circumstance the means of death when their use would be an independent felony if death had not occurred. See 42 Pa.C.S. § 9711(d)(6).
Commonwealth v. Williams, 514 Pa. 124 , 522 A.2d 1095 (1987), relied on by the Court, deals with merger of offenses and the related, but distinct, concept of double jeopardy. I do not think it sheds light on the wholly different question of where the Legislature drew the line between the malicious, premeditated killings which define first degree murder and the more limited included class of malicious, premeditated killings which warrant imposition of a death sentence. I would therefore vacate the death sentence and remand to the Court of Common Pleas of Cumberland County for imposition of a life sentence. See 42 Pa.C.S. § 9711(h)(2).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9702242. Public record. Not legal advice.