COMMONWEALTH v. MOON


383 Pa. 18 (1955)

Commonwealth v. Moon, Appellant.

Supreme Court of Pennsylvania.

October 4, 1955.


Attorney(s) appearing for the Case

Thomas A. Waggoner, Jr., with him Edward Dumbauld, and E.H. Beshlin, for appellant.

Frank P. Lawley, Jr., Deputy Attorney General, with him David S. Kohn, Special Prosecutor and Harrington Adams, Deputy Attorney General, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE CHIDSEY, October 4, 1955:

The pivotal and important question presented by this appeal is whether The Mental Health Act of 1951 changed the common law test for staying criminal proceedings after verdict but prior to sentence or execution. Inasmuch as appellant's motion for a new trial has not been argued and sentence has not been pronounced we are not concerned with possible trial errors or the merits...

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