Commonwealth v. Galloway
Commonwealth v. Galloway
Opinion of the Court
Opinion by
On September 18, 1974, the appellant, Cornell Galloway, was convicted by a jury of prison breach. Subsequently, on October 21, 1974, he was convicted by another jury of having again escaped confinement. The propriety of these convictions is now being questioned.
The sole issue raised on appeal of the October 21,1974 conviction
With regard to his September 18,1974 conviction,
Briefly stated, the record reveals that prior to the selection of a jury, the appellant’s counsel moved to dismiss the jury panel because of certain remarks delivered on September 17, 1974 by the Honorable William G. Johnstone, Jr., President Judge of the Court of Common Pleas of Lancaster County. These comments, disparaging criminal defendants generally and counsel representing them, were made before a number of jurors impaneled to hear criminal cases in the September Term of Court. On September 18, 1974, the appellant’s petition to dismiss the jury panel was denied by the trial judge, Honorable W. Hensel Brown, who agreed to give the appellant’s counsel the right to exercise full voir dire in an effort to acquire a fair and impartial jury. On this same day, the appellant was tried and found guilty. The Pennsylvania Supreme Court, however, on September 20, 1974, determined that the impaneled jury had been irreparably influenced by the court’s remarks when it ordered the entire petit jury panel for the September Term to be dismissed. Brown v. Court of Common Pleas Second Judicial District, No. 207 Misc. Docket No. 20 (1974).
It has long been recognized that the judge may properly express an opinion to aid in enlightening the understanding of the jury and to assist in clarifying pertinent issues. Commonwealth v. Goins, 457 Pa. 594, 321 A.2d 913 (1974); Commonwealth v. Trunk, 311 Pa. 555, 167 A. 333 (1933); Commonwealth v. Stallone, 281 Pa. 41, 126 A. 56 (1924). However, this privilege of the judge to comment on the facts is not without restriction. As the United States Supreme Court, in Quercia v. United
We affirm the judgment of sentence entered upon appellant’s October 21, 1974 conviction (Indictment No. 1149 of 1972). We reverse the judgment of sentence entered upon appellant’s September 18, 1974 conviction (Indictment No. 697 of 1973) and remand for new trial.
. Indictment No. 1149 of 1972.
. Indictment No. 697 of 1973.
. Since we have determined that appellant is entitled to a new trial, we find it unnecessary to review his allegations of further error by the trial judge.
Concurring Opinion
Concurring Opinion by
As I read the majority opinion, it does not sanction the investigation of the backgrounds and personalities of prospective jurors. As to the propriety of that practice, I reserve judgment.
Hoffman, J., joins in this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.