Commonwealth v. Tabb

Opinion by

Mr. Justice Eagen,

On November 22, 1962, Lincoln L. Tabb was convicted by a Philadelphia jury of murder in the second degree. Motions in arrest of judgment and for a new trial were filed. After argument, the court below granted the motion in arrest of judgment. Such a result was thought necessary because the court determined that error was committed at Tabb’s trial by the admission of incriminating statements which Tabb had made while in the custody of the police. The court felt that without the use of those statements, the verdict could not stand. The Commonwealth appealed from this…