Commonwealth v. Baker

Opinion by

Mr. Chiep Justice Bell,

This is an appeal by the Commonwealth of Pennsylvania from the Order of the Court of Oyer and Terminer and General Jail Delivery of Philadelphia County, sustaining defendant’s plea of double jeopardy to a charge of murder in the first degree.

John Leroy Baker, the defendant, was charged in Bill of Indictment No. 681 of April Sessions, 1961, with the murder of his friend, Lulu Mayo. He was accused of killing her at her place of employment by firing five shots from a revolver into her body and caus*107ing her death. The case was called for trial on December 11, 1961.…