Denham v. Commonwealth

Opinion op the Court by

Stanley, Commissioner

Reversing.

Since the judgment sentencing the appellant to imprisonment for life for the murder of the bastard baby of his daughter must be reversed because of failure of proof, it is necessary to state the evidence in some detail. The daughter, who was jointly tried with the appellant, was found not guilty.

Before considering the merits of the case, disposition must be made of the motion of the commonwealth to strike the bill of exceptions from the record because of tardiness in filing it in the lower court. On August 30, 1930, the defendant was given…