Commonwealth v. Boaz

Opinion op the Court by

Judge Lassing.

Appellee and three others were indicted in the Fulton circuit court, charged with murder. They demanded and were granted separate trials. Appellee was placed upon his trial, and upon-the conclusion of the evidence for the Commonwealth, on motion of appellee’s counsel, the jury was peremptorily instructed to find for the defendant, which was done. Conceiving that the court erred in taking the case from the jury, this appeal is prosecuted hy the Commonwealth and an opinion asked as to the correctness of the rulings of 'the trial court.

in the case of…