Commonwealth v. Galloway

MONTGOMERY, Judge:

This is an appeal by the Commonwealth from the order of the lower court ruling that appellee-Galloway’s wife was not competent to testify against him at a second trial under the Act of May 23, 1887, P.L. 158, § 2(b); as amended April 27, 1909, P.L. 179 § 1; as amended May 11, 1911, P.L. 269, § 1; 19 P.S. § 683. 1 From this order, the Commonwealth filed a Petition for Permission to Appeal, which was granted on June 22, 1978.

Appellee was first tried on March 30, 1972, and found guilty, by a jury, of second degree murder. He was sentenced to a term of ten to twenty years, and…