Commonwealth v. McCutchen

*599OPINION OF THE COURT

FLAHERTY, Justice.

On May 5, 1976, Freddy McCutchen was convicted1 by a jury of murder of the first degree in the beating death of a six-year-old boy in the course of committing anal sodomy upon the child. Post trial motions were heard and denied and appeal was transferred from this Court to Superior Court, Special Transfer Docket. This is an appeal by the Commonwealth from the Order of the Superior Court,2 granting the defendant a new trial on the determination that two color slides of the victim depicting the injuries sustained were erroneously admitted at trial. We…