Later courts went against this
Overruled by Commonwealth Ex Rel. Smith v. Myers, 438 Pa. 218 (1970)
Almeida was later expressly overruled in Com. ex. rel. Smith v. Myers, 438 Pa. 218, 261 A.2d 550 (1970).
Overruled by Commonwealth v. Redline, 391 Pa. 486 (1958)
Redline repudiated Almeida
Distinguished
Distinguished by Commonwealth ex rel. Chaney v. Cavell, 185 Pa. Super. 82 (1958)
The case of Commonwealth v. Almeida, 362 Pa. 596, 68 A. 2d 595, cited in appellant’s petition, is clearly inapposite.
The opinion
*639
Concurring Opinion by
Mr. Justice Linn:
I am convinced by the record that appellant was not harmed by the challenged instructions to the jury and therefore concur in the order of this Court affirming the judgment.