Commonwealth v. Commander

Opinion by

Mr. Chief Justice Bell,

The defendant, Robert Commander, was indicted for murder and voluntary manslaughter, and, on another indictment, for involuntary manslaughter. The district attorney elected to try defendant only on the murder indictment. Defendant, while represented by counsel, waived a jury trial after the district attorney certified that defendant’s possible guilt would not rise *534higher than, murder in the second degree. While this was not binding on the Court—Com. ex rel. Hobbs v. Russell, 420 Pa. 1, 215 A. 2d 858; Com. ex rel. Ward v. Russell, 419 Pa. 240, 213 A. 2d 628;…