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COMMONWEALTH v. KATCHMER (09/30/71)

decided: September 30, 1971.

COMMONWEALTH
v.
KATCHMER, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Lancaster County, Dec. T., 1968, No. 404, in case of Commonwealth of Pennsylvania v. George Andrew Katchmer, Jr.

COUNSEL

Michael J. Perezous, with him Xakellis, Perezous & Mongiovi, for appellant.

George T. Brubaker, Assistant District Attorney, with him Clarence C. Newcomer, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 220 Pa. Super. Page 232]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant was arrested and charged with having sold one gram of hashish to a police undercover agent. At trial the only substantive evidence produced against appellant was the testimony of the agent-informer, Paul Guy. The defense presented was one of alibi. Appellant and two other witnesses testified to the effect that appellant could not have made the drug sale because he was out of town at the time. Before cross-examination of the alibi witnesses defense counsel informed the judge at side bar that he was aware the witnesses had juvenile court records. Counsel objected to any attempt by the district attorney to use these past records to impeach the witnesses' credibility. Nevertheless, the court allowed inquiry into prior juvenile

[ 220 Pa. Super. Page 233]

    offenses, and this information was placed before the jury.

Appellant was convicted as charged, fined $200, and sentenced to two to five years in ...


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