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COMMONWEALTH v. ANTONETTE (03/20/69)

decided: March 20, 1969.

COMMONWEALTH
v.
ANTONETTE, APPELLANT



Appeal from judgment of Court of Quarter Sessions of Delaware County, June T., 1967, No. 68, in case of Commonwealth of Pennsylvania v. Samuel Antonette.

COUNSEL

Francis A. Ferrara, with him Kassab, Cherry, Curran & Archbold, for appellant.

Vram Nedurian, Jr., Assistant District Attorney, with him Ralph B. D'Iorio, Assistant District Attorney, William R. Toal, Jr., First Assistant District Attorney, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 214 Pa. Super. Page 88]

Judgment of sentence affirmed.

Disposition

Judgment affirmed.

Dissenting Opinion by Hoffman, J.:

Defendant, Samuel Antonette, was charged with the offense of bookmaking. On October 5, 1967, the jury found defendant guilty. A motion for new trial was dismissed by the lower court. On appeal, appellant has raised various contentions, one of which, in my opinion, requires the granting of a new trial. I believe that the court erred in its charge on reasonable doubt.

During its charge, the court made the following statement: "A reasonable doubt is neither a conjectural nor a fanciful doubt. Nor is it any possible doubt. But what it is, is a real and honest doubt arising from the evidence and of such a nature as if arising in a matter of highest importance to yourselves would cause you to hesitate and prevent you from acting." (Emphasis added.)

[ 214 Pa. Super. Page 89]

At the conclusion of the charge, the following colloquy occurred between defense ...


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