Appeal from the Order of the Superior Court of Pennsylvania, entered September 7, 1984, at No. 330 Harrisburg, 1983, vacating the judgment of sentence and remanding for new trial the judgment entered June 22, 1982 in the Court of Common Pleas of Union County, Criminal Division, at No. 55-1981.
Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala*fn* and Papadakos, JJ. Papadakos, J., filed a concurring opinion. Larsen, J., filed a dissenting opinion. McDermott, J., noted a dissent.
This is an appeal from an order of the Superior Court vacating the judgment of the lower court against Appellee James Haight, and remanding the case for a new trial, 332 Pa. Super. 269, 481 A.2d 357. Appellee was convicted of burglary, criminal trespass and criminal mischief following a jury trial. Post-trial motions were denied, and Appellee was sentenced to a term of four to eight years imprisonment.
The issues presented in this case arise from portions of the Commonwealth's cross-examination of Appellee's girlfriend:
BY MR. SHOWALTER [FOR THE COMMONWEALTH]
Q Was Mr. Haight working on May the 4th, 1981?
A No, he didn't work then.
Q Was he working prior to that time?
Q When did he last have a job?
MR. BRANN: Your Honor, this is beyond the scope of direct examination. I object to this.
THE COURT: Well, I see nothing wrong with this.
Q To your knowledge, what income, if any, did Mr. Haight have on or ...