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COMMONWEALTH v. PRESSEL (03/22/61)

March 22, 1961

COMMONWEALTH
v.
PRESSEL, APPELLANT.



Appeal, No. 40, March T., 1961, from judgment of Court of Oyer and Terminer and General Jail Delivery of York County, April T., 1959, No. 26-A, in case of Commonwealth of Pennsylvania v. Francis Pressel. Judgment reversed.

COUNSEL

Lewis H. Markowitz, with him Hugh D. Manifold, for appellant.

Jesse L. Crabbs, First Assistant District Attorney, with him Frank B. Boyle, District Attorney, for Commonwealth, appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Ervin

[ 194 Pa. Super. Page 368]

OPINION BY ERVIN, J.

The defendant, Francis Pressel, was tried and convicted on the charges of burglary and larceny. Following the dismissal of motions for a new trial and in arrest

[ 194 Pa. Super. Page 369]

    of judgment an appeal was taken. The appeal was quashed, it being interlocutory because it was taken before the imposition of sentence. Sentence was then imposed and the present appeal was taken.

The appellant presented the following point for charge: "You are instructed that the Commonwealth relies heavily on the testimony of Ervin Billet and Jack Treadway, who are accomplices, since they allegedly cooperated with the Defendant in the commission of the crimes charged. You are to closely scrutinize their testimony and accept it with caution. You are further instructed that the testimony of Billet and Treadway is not to be used by you to corroborate each other's story. In considering their testimony, you must remember that it comes from a polluted source and that it is unsafe to convict on the testimony of an accomplice." In disposing of this point the trial judge said: "I think I have covered No. 3 properly, Mr. Markowitz." An exception was allowed to the ruling. In his general charge the trial judge had properly charged on the subject of scrutinizing an accomplice's testimony with care but had failed to say that the testimony of one accomplice may not be used to corroborate the testimony of another accomplice. The refusal to charge on the subject of corroboration after having been specifically requested to do so was, in our judgment, reversible error and, unfortunately, makes necessary the granting of a new trial. In Com. v. Finkelstein et al., 191 Pa. Superior Ct. 328, 335, 156 A.2d 888, we said: "If counsel for the defense desired the court to say to the jury that it should not consider the testimony of one or more alleged accomplices to corroborate the testimony of another accomplice, it should have presented a point to the court for this purpose."

Since a new trial is to be had, we desire to call to the court's attention several other matters.

[ 194 Pa. Super. Page 370]

The appellant presented two witnesses who testified that his reputation for truth and veracity in the community in which he lives was good. It is the law of this Commonwealth that the proof of character must be limited to the general reputation of the defendant with respect to the particular offense charged: Com. v. Colandro, 231 Pa. 343, 355, 80 A. 571, 575; Com. v. Thomas, 282 Pa. 20, 24, 127 A. 427, 428; Com. ...


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