Commonwealth v. Ward

OPINION

KAUFFMAN, Justice.

This is an interlocutory appeal from the denial of a pretrial motion to dismiss the charge of first degree murder under an indictment for murder generally.

In September, 1977, after having negotiated a plea bargain with the District Attorney of Erie County, appellant, Bruce Earl Ward, pleaded guilty to murder generally. Under the terms of the plea agreement, it was stipulated that the degree of murder adjudicated would rise no higher than murder of the second degree. The trial court accepted the plea and stipulation, and, after a degree of guilt hearing in November,…