Opinion

Commonwealth v. Butler

  • 213 Pa. Super. 388
  • 247 A.2d 794
  • 1968 Pa. Super. LEXIS 774
Court
Superior Court of Pennsylvania
Filed
Nov 14, 1968
Status
Published
Author
Weight
On the bench
Weight, Watkins, Hannum, Wright, Montgomery, Jacobs, Hoffman, Spaulding
Cited by
4 cases
Authority
More cited than 10.3%

The opinion

Dissenting Opinion by

Weight, P. J.:

I would affirm the judgment of sentence. Although a few questions on cross-examination may have been technically improper, 1 no objection was made at the time and the record clearly indicates that the matter was not sufficiently prejudicial to require the grant of a new trial. Cf. Commonwealth v. Comer, 167 Pa. Superior Ct. 537 , 76 A. 2d 233 .

Watkins and Hannum, JJ., join in this dissenting opinion.

Our Supreme Court has now ruled in Commonwealth v. Smith, 432 Pa. 517 , 248 A. 2d 24 , filed November 27, 1968, that it is proper to question a defendant, who places his character in issue, concerning prior arrests which did not result in convictions.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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