Commonwealth v. Comber

Opinion by

Arnold, J.,

James Comber appeals from a conviction of assault and battery upon one Madden. Previously he had been tried before a single jury and acquitted on indictments (a) for murder and (b) voluntary and involuntary manslaughter.

In the instant trial the defendant, alleging the verdicts of not guilty in the murder and manslaughter indictments, interposed a special plea of autrefois acquit, and now asserts that the adverse ruling thereon was error.

In the murder and manslaughter indictments the jury had to be convinced beyond a reasonable doubt that Madden died as a result of the…