Commonwealth v. Gross

Opinion op the Court by

Judge Baird

— Certifying the Law.

Edward Cross was indicted jointly with Chania Hall Cornett and Yirgia Hoskins of the 'crime of the willful murder of Chester Morgan in the Leslie circuit court. On the trial of the case a severance was demanded and Edward Cross was tried. At the conclusion of the evidence of the commonwealth, on the motion of the defendant’s attorney, an instruction was given by the court directing that the jury return a verdict of not guilty, which was done. Whereupon the commonwealth, under sections 335-337, Criminal Code of Practice, appealed to this…