Commonwealth v. Lee

Opinion op the Court by

Judge Settle —

Dismissing appeal.

Appellee was tried and acquitted in the court below under an indictment charging him with the crime of house burning. The verdict of acquittal resulted from the giving, by the court, of a peremptory instruction directing the jury so to find. The Commonwealth, complaining of the giving of the peremptory instruction and judgment of acquittal, has appealed, and appellee has entered in this court a motion to dismiss the appeal.

The dismissal of the appeal is asked upon the ground that the transcript of the record was not filed in the office of…