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COMMONWEALTH PENNSYLVANIA v. THOMAS JOSEPH CARNEY (02/18/83)

filed: February 18, 1983.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
THOMAS JOSEPH CARNEY



No. 1825 Philadelphia, 1981, Appeal from the Order of June 24, 1981 in the Court of Common Pleas of Lycoming County, Criminal Division, No. 80-10-480.

COUNSEL

Kenneth A. Osokow, Assistant District Attorney, Williamsport, for Commonwealth, appellant.

Gregory V. Smith, Williamsport, for appellee.

Cercone, President Judge, and Johnson and Montgomery, JJ.

Author: Per Curiam

[ 310 Pa. Super. Page 550]

This is an appeal by the Commonwealth from an order of the lower court which granted appellee, Thomas Joseph

[ 310 Pa. Super. Page 551]

Carney, a new trial.*fn1 The Commonwealth alleges that the lower court committed an error of law when it ruled a new trial was required owing to a prosecution witness's response on direct examination. We conclude, from our examination of the record, that the lower court did in fact err when it granted appellee a new trial. Therefore, we reverse and remand for reinstatement of appellee's verdict, disposition of appellee's remaining post-verdict motions and for sentencing.

Appellee was tried on six counts of receiving stolen goods. One Robert Moon testified as to his commission of several burglaries, after which he took the stolen items to the residence of appellee where he sold them to appellee. Then a Mr. Bloom, appellee's roommate, testified. He stated that he was present when Moon brought the second shipment of stolen items. The prosecutor questioned Bloom thus.

Q. All right, sir. You have -- a couple of things here. You say you believe there was a price quoted and it was too high?

A. Yeah, it was, to my recollection. You have to understand that it's been quite some time since this happened. At that time, it was a very insignificant thing.

Q. What do you mean ...


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