Commonwealth v. Austin

OLSZEWSKI, Judge:

This is an appeal from an order granting defendant-appellee’s motion to quash a murder charge, bill of information no. 3251. The motion to quash was granted because there was nothing in the evidence to indicate an intentional killing or that malice was present or could be inferred.

The Commonwealth requests that we reverse the order and remand the case for trial, contending that evidence presented at the preliminary hearing established the elements of premeditation and malice. We find that the Commonwealth has failed to prove its argument; consequently, we affirm.

Appellee was…