Commonwealth v. Liddick

*525OPINION OF THE COURT

POMEROY, Justice.

Following a 1974 jury trial Wayne Earl Liddick was found guilty of murder in the first degree for the drowning death of his wife, Sharon Liddick. Post-trial motions were filed and argued before a court en banc, and on July 21, 1975, the court issued an order that both granted Liddick’s motion for a new trial and denied his motion in arrest of judgment. From that order, cross appeals have been taken by the Commonwealth and defendant Liddick.

Addressing first the Commonwealth’s appeal,1 we note initially that, as with a denial of a motion for new trial, so…