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COMMONWEALTH PENNSYLVANIA v. RAUL CORREA (07/05/79)

decided: July 5, 1979.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
RAUL CORREA, APPELLANT



No. 327 January Term, 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Trial Division of Philadelphia County, Imposed on Bill of Indictment No. 1614

COUNSEL

Neil E. Jokelson, Philadelphia, for appellant.

Robert B. Lawler, Chief, Appeals Div., Asst. Dist. Atty., Marrianne E. Cox, Asst. Dist. Atty., Philadelphia, for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Manderino and Larsen, JJ. Manderino, J., filed a dissenting opinion.

Author: Per Curiam

[ 485 Pa. Page 377]

OPINION OF THE COURT

Appellant, Raul Correa, is appealing his conviction by a jury of voluntary manslaughter resulting in a sentence of incarceration not less than five nor more than ten years.

Appellant raises the following issues:

(1) the trial court erred by refusing to allow appellant to be tried by a judge;

(2) the trial court erred in denying a motion for mistrial once it was learned that the police misled appellant concerning the existence of certain photographs;

(3) the trial court erred in sustaining an objection which restricted appellant's cross-examination of the police officer concerning the conduct of the victim and persons depicted in the aforementioned pictures;

(4) the trial court erred by charging on the McNaughten Rule;

(5) the district attorney's closing remarks concerning defense ...


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