No. 2210 Philadelphia, 1980, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Lancaster County, Nos. 1518/1521 of 1979.
Robert A. Longo, Lancaster, for appellant.
Michael H. Ranck, District Attorney, Lancaster, for Commonwealth, appellee.
Spaeth, Wieand and Johnson, JJ. Spaeth, J., concurs in the result.
[ 296 Pa. Super. Page 526]
Curtis Lee Hargrove was tried by jury and convicted of criminal conspiracy, robbery, aggravated assault, and burglary as a result of events which occurred at a Lancaster home on July 9, 1979. Post trial motions were denied, and a sentence of 10 to 20 years imprisonment was imposed. On appeal, Hargrove argues that a reference to his prior incarceration, made by a Commonwealth witness during cross-examination by defense counsel, was prejudicial and required a new trial. We disagree and affirm the judgment of sentence.
Appellant had been accompanied during the robbery by one Donna Marie Williams. She testified at trial that appellant had struck the elderly victim and had stolen a purse containing $225. On cross-examination, Ms. Williams testified that she had been a former girlfriend of appellant but had not seen appellant for some time prior to the
[ 296 Pa. Super. Page 527]
incident because she had been residing in Philadelphia. During cross-examination by defense counsel, the following exchange took place:
Q. And you were staying with Curtis?
A. No, I was staying at my sister's house.
Q. Were you seeing Curtis alot while you were here?
A. I only seen him about once or twice because I think he had just got ...