Commonwealth v. Stallard

Opinion op the Court by

Judge Dietzman

Reversing.

The appellee was indicted for the offense denounced by section 1358a of the Statutes. The case coming on to be heard, the appellee, hereinafter called the defendant, entered a plea of not guilty, and thereupon a jury was duly impaneled to try the case. After the commonwealth’s attorney had read the indictment to the jury and stated what the commonwealth intended to prove, the defendant filed a general demurrer to the indictment which the court took under advisement. Later, and after the commonwealth had introduced part of its proof, the court…