Commonwealth v. Gilbert

Decision in these cases and in the case of Commonwealth v. Hood, post, 76, also decided this day, has been withheld until now because of the pendency before the Supreme Court of the United States of the case of Pennsylvania v. Nelson and our expectation that the deci si on in that case would throw light upon the action we should take in our Gilbert and Hood cases. That expectation has, we think, now been realized by the ruling of the Supreme Court in Pennsylvania v. Nelson, 350 U. S. 497, the opinion in which is dated April 2 of this year.

Both of the indictments now before us were returned by…