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COMMONWEALTH PENNSYLVANIA v. CARL CHARLES CRAGLE (10/10/80)

filed: October 10, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
CARL CHARLES CRAGLE, APPELLANT



No. 844 October Term 1979, Appeal from the Judgment of Sentence of the Court of Common Pleas of Luzerne County, Criminal Division at No. 1401 of 1978.

COUNSEL

John Arnold Crisman, Berwick, for appellant.

Joseph Giovannini, Assistant District Attorney, Wilkes-Barre, for Commonwealth, appellee.

Spaeth, Cavanaugh and O'Kicki, JJ.*fn*

Author: Spaeth

[ 281 Pa. Super. Page 435]

This is an appeal from judgment of sentence for receiving stolen property.*fn1 Generally stated, the issue is whether evidence of prior criminal activity not resulting in conviction is admissible to impeach a witness. Appellant argues that the trial judge erred 1) in refusing to permit cross-examination intended to show that the witness had engaged in prior criminal activity for which he had not been convicted, and 2) in refusing to permit another witness to testify to such prior criminal activity.*fn2

1

During cross-examination of Commonwealth witness John Kline, defense counsel asked:

Q: Now Mr. Kline, before we get into the facts of this case I'm going to ask you, it is not true that you have been convicted of the charge of receiving stolen property in 1974?

A: Yes.

Q: And did you serve the punishment that was given you as a result of that charge?

A: Yes, I did.

(R.R. 15a-16a)

Counsel then asked:

Q: Mr. Kline, it has been specified that you were convicted once of receiving stolen goods?

A: That's right.

Q: Well you-did you receive stolen goods on other occasions?

MR. KLEMOW [Assistant District Attorney]: Objection.

THE COURT: Sustained.

[ 281 Pa. Super. Page ...


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