Nos. 159, 168. January Term, 1977, Appeal from the Order of the Court of Common Pleas of Philadelphia County, Trial Division, Crim. Section, Denying Relief Under the Post Conviction Hearing Act, As Of Indictment Nos. 163-164, February Term, 1973.
Joseph Alessandroni, Jr., Philadelphia, for appellant.
F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Deputy Dist. Atty. for Law, Michael R. Stiles, Asst. Dist. Atty., Chief, Appeals Div., Alan M. Herman, Asst. Dist. Atty., for appellee.
Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Packel, JJ. Packel, J., did not participate in the decision of this case. Manderino, J., filed a dissenting opinion, in which Roberts, J., joined.
This case was originally before this Court on direct appeal at which time we affirmed appellant's convictions of murder of the first degree and conspiracy. Commonwealth v. Farquharson, 467 Pa. 50, 354 A.2d 545 (1976). This is an appeal from the Post Conviction Hearing Act court's denial of appellant's request for a new trial based on a Commonwealth witness's recantation testimony. We find no abuse of discretion in the lower court's refusal to believe the
recantation testimony and, therefore, affirm that court's order denying a new trial.
MANDERINO, Justice, dissenting.
I dissent today just as I dissented to this Court's affirmance of the judgment of sentence imposed upon appellant. Commonwealth v. Farquharson, 467 Pa. 50, 354 A.2d 545 (1976) (dissenting opinion of Manderino, J., joined by Roberts J.). In that dissenting opinion, I said in part, that the judgment of sentence should be reversed because in finding appellant guilty of murder, the jury relied upon the unreliable and uncorroborated testimony of an alleged accomplice, Gloria Burnette, who testified for the prosecution at appellant's trial. The testimony regarding the homicide for which appellant was convicted are detailed in this Court's opinion affirming the judgment of sentence, and need not be repeated here. See 467 Pa. at 54-57, 354 A.2d at 547-548.
Appellant challenged the reliability of Burnette's trial testimony in her direct appeal. Addressing that challenge, ...