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COMMONWEALTH v. POTEET (04/15/68)

decided: April 15, 1968.

COMMONWEALTH
v.
POTEET, APPELLANT



Appeal from judgment of Court of Quarter Sessions of York County, Jan. T., 1963, Nos. 260, 261, and 262, in case of Commonwealth of Pennsylvania v. Clarence Edward Poteet.

COUNSEL

Morrison B. Williams, for appellant.

John T. Miller, Assistant District Attorney, with him John F. Rauhauser, Jr., District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Dissenting Opinion by Hoffman, J. Spaulding, J., joins in this dissent.

Author: Per Curiam

[ 212 Pa. Super. Page 199]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant was indicted and found guilty by a jury of the crime of robbery with an accomplice on Bill 262. He was tried jointly with William Troup, Jr., who was also found guilty.

Appellant moved for a new trial on the ground that his constitutional right to confront the witnesses against him was violated when co-defendant Troup's confession, which implicated appellant, was admitted into evidence. The motion was denied on the basis that any possible prejudice was cured by the court's cautionary instructions to the jury. Appellant appeals from this denial.

Our Court today affirms the proposition that no prejudice resulted from the admission of Troup's confession. I disagree.

General rules of evidence, applied in our Courts, as well as federal courts, have permitted confessions or admissions to be ...


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