COMMONWEALTH v. LEMONS


404 Pa. 263 (1961)

Commonwealth v. Lemons, Appellant.

Supreme Court of Pennsylvania.

June 27, 1961.


Attorney(s) appearing for the Case

Irvin Siegel, for appellant.

Arlen Specter, Assistant District Attorney, with him Charles Durham, Assistant District Attorney, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.


OPINION BY MR. JUSTICE MUSMANNO, June 27, 1961:

The appellant, Fletcher Lemons, was convicted of voluntary manslaughter in the Court of Quarter Sessions of Philadelphia County before a court sitting without a jury. At the termination of the presentation of the Commonwealth's evidence, the defendant entered a demurrer but the court ruled that it would dispose of it at the end of the trial. Eventually dismissing the demurrer, the court found the defendant guilty, as...

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