THE PENNSYLVANIA MURDER GRADING STATUTE
After our American Independence a number of the new states began legislative reforms to codify the crime of murder. One of the earliest states to do so was Pennsylvania. In 1794, that state enacted a murder degree statute which divided murder into first degree capital murder and second degree murder. The Pennsylvania legislature constricted the penalty for felony murder by imposing capital punishment only for such felonies as occurred in the perpetration of arson, rape, robbery or burglary. The statute further provided that all murder in the state other than ones committed in the perpetration of one of the common law felonies specified in their degree statute was to be second degree murder.
Later the felony of kidnapping was added to the list of specified felonies for purposes of felony murder. Only first degree murder served as a basis for hanging. The Pennsylvania statute did … Read More