VAN DUSEN, District Judge.
The relator was tried and found guilty of murder in the first degree by a jury's verdict which fixed the penalty at death. The relator then moved for a new trial, which was granted by the court en banc. The Commonwealth appealed the granting of a new trial to the Pennsylvania Supreme Court, which held that in a criminal case the Commonwealth may appeal from an adverse ruling only where the question involved is purely one of law, that the...
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