Commonwealth v. Jones ( 1973 )

Dissenting Opinion by

Me. Justice Mandeeino :

I would affirm, the grant of a new trial because there was no abuse of discretion by the trial court. I am unable to find any reason for depriving the Commonwealth of the right to appeal in all cases after the grant of a new trial following a conviction. Even when the matter is considered factual this Court can review in order to determine whether the trial court’s decision was within its proper discretionary authority.