Commonwealth v. Frazier

Opinion, by.

Mr. Chief Justice Bell,

This is-an appeal by the Commonwealth from the Order of the Court of Oyér and Terminer of 'Philadel*211pbia County, which sustained defendant’s demurrer to the Commonwealth’s evidence.

Defendant was indicted in 1961 for the ..murder of his wife. At that time he was also indicted, on a separate bill of indictment, for voluntary and involuntary manslaughter. On July 9, 1962, defendant was brought to trial only on the bill charging murder. The Commonwealth’s evidence, if believed, proved that defendant was guilty of first degree murder. Defendant’s defense was that…