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COMMONWEALTH PENNSYLVANIA v. PRESTON BRIGHT (06/13/80)

filed: June 13, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
PRESTON BRIGHT, APPELLANT



No. 950 October Term 1979, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Trial Division of Philadelphia County, Imposed on Bills of Information No. 729-734, June Session 1978

COUNSEL

John W. Packel, Chief, Appeals, Assistant Public Defender, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Wickersham, Brosky and Eagen, JJ.*fn*

Author: Per Curiam

[ 279 Pa. Super. Page 4]

Appellant, Preston Bright, was convicted by a jury of resisting arrest, and simple and aggravated assault. Post-verdict motions were denied, and Bright was sentenced to eleven and one-half to twenty-three months in the Philadelphia County Prison. This appeal followed.

Bright alleges the trial court improperly:

(1) restricted the scope of his cross-examination of a police witness;

(2) denied his challenge for cause to a prospective juror who was acquainted with the assistant district attorney; and,

(3) refused to ask in voir dire six questions proposed by the defense.*fn1

As to assignment of error No. 1, Bright claims a denial of his Sixth Amendment right to confrontation since he was refused an opportunity to cross-examine Officer Kennedy, the arresting officer, about his knowledge of possible disciplinary action to a police officer for use of unnecessary force in making an arrest. By this testimony, he sought to show the officer was aware disciplinary action could possibly be taken against him for the use of unnecessary force and to, thereby, establish a motive on the part of the officer to fabricate his testimony against Bright.*fn2 The

[ 279 Pa. Super. Page 5]

Commonwealth, on the other hand, argues this was a ...


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