Commonwealth v. Beach

Opinion by

Mr. Justice Eagen,

The appellant, Leroy Beach, was convicted by a jury of murder in the second degree. After post-trial motions were dismissed, a prison sentence of five to twenty years was imposed. This appeal from the judgment followed. It is urged that error occurred during the trial proceedings which requires a new trial. We agree.

The prosecution resulted from the fatal stabbing of Clyde Griffin on November 20, 1965, following an altercation in a small restaurant in Philadelphia operated by Mr. and Mrs. Hubert Collins. The Commonwealth’s evidence consisted of the testimony of Mr.…