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eBook details

• Title: Commonwealth v. Melton
• Author : Supreme Court of Pennsylvania
• Release Date : January 13, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Defendant pleaded guilty and then changed his plea to "not guilty" to the murder of Rose Schloss. A jury found defendant guilty of murder in the first degree with the penalty fixed at death. The Court en banc granted defendants motion for a new trial on the ground that an aggregate of prejudicial events, including an emotional outburst by Rose Schlosss bereaved husband, "created such an inflammatory atmosphere that the jurys determination may well have been based upon other than the substantive, factual evidence introduced." The Commonwealth appealed from and asked this Court to reverse the Order which granted defendant a new trial, and to remand the record and direct the judgment of sentence be entered on the jurys verdict. The Commonwealth contended that the grant of a new trial was an abuse of discretion. The appeal of the Commonwealth was dismissed by this Court because the Commonwealth has a right of appeal from an adverse ruling in a criminal case "only where the question involved is purely one of law. ... Where, however, the reason for the action of the trial court, whereof the Commonwealth complains, is [as here] based upon an admixture of law and fact, the Commonwealth is without any right of appeal therefrom: Commonwealth v. Hartman, 383 Pa. 461-462, 463, 119 A.2d 211; Commonwealth v. Dolan, 155 Pa. Superior Ct. 453, 455, 38 A.2d 497:" Commonwealth v. Melton, 402 Pa. 628, 168 A.2d 328.

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