Appeal from judgment of Superior Court, No. 165, April T., 1968, affirming judgment of sentence of Court of Quarter Sessions of Allegheny County, May T., 1966, No. 481, in case of Commonwealth v. Richard Albert.
Barney Phillips, for appellant.
Carol Mary Los, Assistant District Attorney, with her Robert W. Duggan, District Attorney, for Commonwealth, appellee.
Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Concurring Opinion by Mr. Justice O'Brien.
Concurring Opinion by Mr. Justice O'Brien:
I fully concur in the result reached by the majority on the merits of this appeal but feel compelled to comment on a facet of the case which concerns me.
In the course of the pretrial, trial, post-trial and appellate proceedings in this matter, appellant has complained
that during the period of the service of the jurors serving at the time of the trial, a jury had returned a not guilty verdict in a rape case. He alleges that the trial judge in that case, who was a visiting judge, castigated the jury and told them that had such a verdict been returned in his county, the jurors would have been dismissed immediately and instructions would have been given that they were never again in their lifetimes to serve as jurors. Appellant further complained that this alleged intemperate attack by the trial judge was given wide publicity in the Pittsburgh news media. ...