Commonwealth v. Heller

Opinion by

Keller, P. J.,

The question involved in this appeal relates solely to criminal procedure; It is: Where a demurrer to the Commonwealth’s evidence has been overruled and the defendants have taken the stand and offered other evidence in their behalf, and the case is submitted to the jury, resulting in a verdict of guilty, can the trial court, of its own motion, following the filing by the defendants of motions for a new trial, reconsider its action on the demurrer and sustain the demurrer and discharge the defendants? We hold that it cannot; that its only course, in case it feels that…