Commonwealth v. Tabb

Opinion by

Mr. Justice Eagen,

Lincoln L. Tabb, after trial, was convicted by a jury of murder in the second degree. Motions in arrest of judgment and for a new trial were filed and, after argument, the court en banc granted the motion in arrest of judgment. The Commonwealth filed an appeal from said order to this Court.

After the foregoing appeal was entered and perfect-, ed by the filing of the writ of certiorari in the court below, the lower court sua sponte reconsidered its action sustaining the motion in arrest of judgment, vacated said order and then ordered a new trial. From this order,…