Commonwealth v. Sullivan

Opinion op the Cousffl by

Chief Justice Rees—

Certifying the law.

The appellee, John Sullivan, was tried in the Pike circuit court under an indictment charging him with murder. At the conclusion of the evidence for the Commonwealth, the trial court peremptorily instructed the jury to find the defendant not guilty, and the jury returned a verdict of acquittal. Pursuant to the provisions of Sections 335 and 337 of the Criminal Code of Practice, the Commonwealth has appealed and asks for a certification of the law.

On October 21, 1939, John Sullivan and O. P. Rose' quarreled over a card game and…