Commonwealth v. Simpson

Opinion by

Mr. Justice Schaffer,

The Commonwealth appeals from an order of the court below overruling its demurrer to a plea of former jeopardy entered by defendant to an indictment for murder on which he was about to be tried, giving judgment for him on the plea and discharging him from the indictment.

The first question which confronts us is the right of the Commonwealth to appeal, defendant contending that it has no such right, citing in support of his position the authorities set forth in the note. * The criminal law must move forward to meet the new conditions which confront organized…