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COMMONWEALTH PENNSYLVANIA v. SHIRONE WASHINGTON (07/13/79)

SUPERIOR COURT OF PENNSYLVANIA


July 13, 1979

COMMONWEALTH OF PENNSYLVANIA
v.
SHIRONE WASHINGTON, APPELLANT

No. 1081 October Term, 1978, Appeal from Judgment of Sentence of the Court of Common Pleas, Trial Division, Criminal Section, of Philadelphia County, at No. 1343 June Term, 1977

Before Van Der Voort, Wieand, and Lipez, JJ.

Per Curiam:

Judgment of sentence affirmed.

WIEAND, J. files a Dissenting Statement.

WIEAND, J.:

I respectfully dissent. I believe it was an abuse of discretion to permit the defendant to be recalled by the Commonwealth during rebuttal for additional cross-examination concerning an "undesirable" discharge from the U.S. Marine Corps. This fact was irrelevant and could serve no purpose except to prejudice appellant unfairly in the eyes of the jury. Compare: Commonwealth v. Brown, 264 Pa. 85, 107 A. 676 (1919). Compare also: Commonwealth v. Stakley, 243 Pa. Superior Ct. 426, 365 A.2d 1298 (1976). Therefore, I would reverse and remand for a new trial.

19790713

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