NO. 2410 PHILADELPHIA, 1982, Appeal from the Judgment of Sentence of August 4, 1982, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. 8103/2118; 2120-2121.
William T. Cannon, Philadelphia, for appellant.
Leslie A. Sudock, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Beck, Tamilia and Hoffman, JJ.
[ 333 Pa. Super. Page 60]
Appellant John Miller was convicted of third degree murder, possession of an instrument of crime, and criminal conspiracy in connection with the stabbing death of William Hightower in North Philadelphia. On appeal from the judgment of sentence, appellant contends that the trial court erred in denying a defense motion for a mistrial based on the allegedly prejudicial testimony of a Commonwealth witness. We affirm.
The statement complained of was made by Commonwealth witness Otis Canty while being cross-examined by defense counsel. On direct examination, Canty had testified that he and appellant were "a little bit" friendly. Defense counsel decided to probe further into the nature of the relationship between Canty and the appellant, and the following exchange ensued:
Q. You say that on the 30th of November, 1980, you were a little bit friendly with John Miller. What's that mean, you were a little bit friendly?
[ 333 Pa. Super. Page 61]
Q. Is that what you said?
A. Yes, that's what I said.
Q. All right. What's that mean, you were a little ...