Flynn v. McCorriston
Flynn v. McCorriston
Opinion of the Court
Opinion by
The only question raised in this appeal is the right of a litigant to take exceptions to the charge of the trial judge out of the jury’s hearing.
Pa. B.C.P. No. 227(b) is as follows: “Unless specially allowed by the court, all exceptions to the charge to the jury shall be taken before the jury retires. On request of any party all such exceptions and arguments thereon shall be made out of hearing of the jury.”
The rule does not apply to any exceptions other than exceptions to the charge. The purpose of the rule is to protect counsel from any adverse prejudice in the minds of the jurors. It is a good rule and trial judges should afford counsel the opportunity which it presents.
We do not approve of the trial judge’s ruling in this case. In this case, however, the failure to comply with the rule was harmless error. Counsel was given the opportunity to state exceptions, if that was his purpose. Had they been stated there would have been something on the record to indicate whether he
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.