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COMMONWEALTH v. SISAK (11/21/67)

decided: November 21, 1967.

COMMONWEALTH
v.
SISAK, APPELLANT



Appeal from judgment of Court of Oyer and Terminer and Quarter Sessions of Luzerne County, No. 133 of 1966, in case of Commonwealth of Pennsylvania v. Frank John Sisak.

COUNSEL

Peter J. Webby, Public Defender, for appellant.

R. Kane, Assistant District Attorney, with him Arthur L. Piccone, First Assistant District Attorney, and Thomas E. Mack, District Attorney, for Commonwealth, appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Dissenting Opinion by Hoffman, J. Spaulding, J., joins in this dissenting opinion.

Author: Per Curiam

[ 211 Pa. Super. Page 256]

Judgment of sentence affirmed.

Disposition

Judgment affirmed.

Dissenting Opinion by Hoffman, J.:

In my opinion, the lower court erred in refusing to accept defendant's points for charge. In this case, defendant, Frank John Sisak, was charged with burglary and larceny. At the trial of his case, one Arthur Dwyer testified for the Commonwealth. The lower court and Commonwealth agree that Dwyer could have been indicted as an accessory after the fact, but not as a principal.

After the completion of closing arguments to the jury, defense counsel submitted points for charge to the effect that the testimony of Dwyer was tainted and should be carefully scrutinized by the jury. The lower court refused to submit this charge to the jury.

On appeal, the Commonwealth presents three arguments in defense of the ...


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