Appeal, No. 98, Oct. T., .1918, by defendant, from the judgment and sentence of O. & T., Armstrong Co., Dec. Ses., 1917, No. 1, on verdict of guilty of murder of the first degree, in case of Commonwealth of Pennsylvania v. Luther Knox.

Indictment for murder. Before King, P. J., who in his charge stated the facts as follows:

Prom the evidence offered on the part of the Commonwealth it appeared that the defendant, Luther Knox, on the night of November 1,1917, between the hours .of nine and ten o’clock went to the shanty known as No. 9 in the Borough of Ford City, where he and George Suggs, Geotge Scott and Will Stewart had been living. When the defendant arrived, Suggs, Scott and Stewart were in the shanty and the door was fastened on the inside. The defendant knocked at the door and after some words, the door was opened by Suggs and the defendant entered. The defendant and George Suggs had some words about profane language that was used by the defendant in relation to the door not being unlocked or opened as quickly as the defendant thought it should have been when he first came to the door. The defendant continued teasing Suggs, although told to stop, until finally Suggs got out of his bunk and struck him and knocked him down. The defendant then went out and the door was fastened on the inside. In from three to five minutes afterwards the defendant returned and requested that the door be opened. After a little while the door was opened and it was discovered that defendant had a double barreled shot gun. The gun was discharged and the shot struck Suggs about the right shoulder and the right side of the neck while he was in his bunk. A second shot penetrated the bed clothing on the bunk from which Suggs had removed after the first shot. The evidence on the part of the Commonwealth further showed that Scott ten or fifteen minutes later had a scuffle with the defendant and in that scuffle succeeded in taking the gun away from him. The defendant then went away from the place of the shooting and later on that night he was arrested. He testified that he had bought the gun for hunting purposes, and that the gun went off accidentally, at the time of the shooting in the scuffle with Scott who had grabbed the gun, and that both barrels of the shot gun must have gone off at the same time.

The jury returned a verdict of guilty of murder in the first degree, upon which sentence of death by electrocution was passed. Defendant appealed.

Errors assigned were to the charge of the trial judge and in particular the parts as follows:

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