Commonwealth v. Jones

306 A.2d 900, 453 Pa. 8, 1973 Pa. LEXIS 655

Opinions

Opinion

Per Curiam,

Herein, the Commonwealth appeals from an order below granting a new trial to James Jones, who had been convicted by a jury of murder in the first degree and other related crimes.

After a careful consideration of the entire record and the reasons assigned by the court for granting a new trial, it is clear to us that the court’s ruling was based on an admixture of law and fact. Under the circumstances, the Commonwealth is without any right of appeal. Commonwealth v. Melton, 402 Pa. 628, 168 A. 2d 328 (1961), and Commonwealth v. Zeger, 193 Pa. Superior Ct. 498, 165 A. 2d 683 (1960).

Appeal dismissed.