Commonwealth v. Hathaway

347 Pa.Super. 134, 500 A.2d 443 (1985)

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Nature of the Case

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Facts

D met his estranged wife leaving a school after she had just dropped off their son. They talked for a short time, and D pulled out a gun and D chased his wife down firing several shots at her. When she was on the ground, he reloaded and placed the gun at her head and fired several more times. D claimed mitigation from intoxication and mental disturbances and because of this diminished capacity he could not have formed the intent to kill. D was found guilty of first-degree murder. His appeals were denied, and eventually, he filed this habeas corpus writ.