Commonwealth v. Geho

Opinion by

Spaeth, J.,

This is an appeal by the Commonwealth from an order granting appellee a new trial on the basis of after-discovered evidence.

*17Appellee and Walter and Barry Wentzel were jointly charged with burglary, larceny, and conspiracy. They were tried together before Judge Hess and a jury. Each defendant was represented by separate counsel. During the trial the two Wentzels changed their pleas from not guilty to guilty in the presence of the jury. They were then dropped from the case and the trial continued against appellee alone, who was convicted and sentenced.

Appellee’s motion for…