Commonwealth v. Dougherty (Majority Opinion)

State: Pennsylvania

Docket No: 319 CAPITAL APPEAL

Case Date: 10/21/2004

Plaintiff: Commonwealth

Defendant: Dougherty (Majority Opinion)

Preview:[J-39-2003] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : : Appellee : : : v. : : : DANIEL DOUGHERTY, : : Appellant : : : : :

No. 319 CAP Appeal from the Judgment of Sentence entered October 6, 2000 by the Court of Common Pleas, Criminal Division, Philadelphia County at 9907-0537 ARGUED: April 7, 2003

OPINION

MR. JUSTICE CASTILLE

DECIDED: October 20, 2004

This is a direct appeal from sentences of death imposed by the Philadelphia County Court of Common Pleas. On October 5, 2000, following a capital jury trial, appellant was convicted of two counts of first-degree murder1 and one count of arson2 arising from an August 24, 1985 house fire in which appellant's two young sons, John (age 3) and Daniel, Jr. (age 4) were killed. At the penalty phase, the jury found three aggravating

1

18 Pa.C.S.

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