# Commonwealth v. Brown

> Supreme Court of Pennsylvania · February 4, 1981 · 492 Pa. 320

URL: https://www.frixlaw.com/law-library/cases/9649246

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, v. Elson R. BROWN, Jr., Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** February 4, 1981
- **Citations:** 492 Pa. 320; 424 A.2d 1211; 1981 Pa. LEXIS 662
- **Precedential status:** Published
- **Opinion:** Dissent by Kauffman
- **Judges:** O'Brien, Roberts, Nix, Larsen, Flaherty, Kauffman
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9649246

## Opinion text

KAUFFMAN, Justice,
dissenting.
Although the defendant has no obligation to establish his previous good reputation, when he chooses to open up the question of his character, the prosecutor may fairly comment upon the evidence offered. Here, defendant introduced only one character witness, a family friend. By noting the witness’s bias and by adverting to the weakness of the evidence presented in light of the testimony not offered, the prosecutor’s closing argument properly challenged the adequacy of defendant’s attempt to establish his good reputation. Since I do not find the prosecutor’s closing argument to have constituted prosecutorial misconduct, I would affirm the Judgments of Sentence.
LARSEN, J., joins in this dissenting opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9649246. Public record. Not legal advice.