Commonwealth v. Harvey

OPINION

NIX, Chief Justice.

This is an appeal by the Commonwealth from an order of the Superior Court reversing the criminal convictions of John Harvey, the appellee herein, and granting him a new trial. 1 Harvey had been tried and convicted in the Court of Common Pleas of Philadelphia County of first-degree murder and possessing an instrument of crime. The case was heard by a judge sitting without a jury, who later sentenced the defendant to life imprisonment for the murder and to a concurrent prison term of two and a half to five years for the companion conviction. We granted review to…