NO. 2782 OCTOBER 1978, Appeal from Philadelphia County Criminal No. 2475 2478 Oct. Term 1977 On Remand from the Supreme Court
Thomas Hurd, Assistant Public Defender, Philadelphia, for appellant.
Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Spaeth, Brosky and Van der Voort, JJ.
[ 321 Pa. Super. Page 530]
This case comes to us on remand from the Supreme Court. We had ordered the defendant discharged for a violation of Rule 1100. 282 Pa. Super. 157, 422 A.2d 876. The Supreme Court, finding no Rule 1100 violation, reversed and remanded the case to this court to decide the remaining issue not previously decided. Commonwealth v. Mines, 502 Pa. 41, 463 A.2d 999 (1983). This issue is whether the trial court improperly restricted the cross-examination of a Commonwealth witness. We hold that the court did not, and therefore affirm.
Appellant was convicted of robbery and conspiracy arising out of an armed robbery. A principal Commonwealth witness, Keith Summers, was a juvenile. Summers testified that on the evening of September 26, 1977, as he was
[ 321 Pa. Super. Page 531]
leaving a grocery store, he was robbed by two men of a few dollars and his wristwatch. He identified appellant as one of the two men. Several people outside the store, playing a game of craps, also were robbed. Richard Pugh, Summer's cousin, testified that he witnessed the robbery of the people outside the store, but he could not identify appellant. Appellant argues that the trial court should have allowed him to impeach Summer's credibility by introducing his juvenile record.
Generally, a juvenile record may not be used for impeachment purposes. 42 Pa.C.S.A. § 6354(b) provides:
(b) Effect in subsequent judicial matters. -- The disposition of a child under this chapter may not be used against him in any proceeding in any court other than at a subsequent juvenile hearing, whether before or after reaching majority, except:
(1) in dispositional proceedings after conviction of a felony for the purposes of a presentence ...