COMMONWEALTH v. BAKER.


413 Pa. 105 (1964)

Commonwealth, Appellant, v. Baker.

Supreme Court of Pennsylvania.

January 7, 1964.


Attorney(s) appearing for the Case

William H. Wolf, Jr., Assistant District Attorney, with him Arlen Specter, Assistant District Attorney, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellant.

Donald J. Goldberg, with him Michael J. Rotko, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. CHIEF JUSTICE BELL, January 7, 1964:

This is an appeal by the Commonwealth of Pennsylvania from the Order of the Court of Oyer and Terminer and General Jail Delivery of Philadelphia County, sustaining defendant's plea of double jeopardy to a charge of murder in the first degree.

John Leroy Baker, the defendant, was charged in Bill of Indictment No. 681 of April Sessions, 1961, with the murder of his friend, Lulu Mayo. He was accused of killing...

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