Commonwealth v. Clark

Superior Court of Pennsylvania
Commonwealth v. Clark, 249 Pa. Super. 459 (1977)
378 A.2d 386; 1977 Pa. Super. LEXIS 2522
Cercone, Hoffman, Jacobs, Price, Spaeth, Voort, Watkins

Commonwealth v. Clark

Opinion of the Court

HOFFMAN, Judge:

Appellant contends that the lower court erred in refusing to read his requested instruction on the issue of alibi. Appellant’s co-defendant raised an identical claim in Commonwealth v. Van Wright, 249 Pa.Super. 451, 378 A.2d 382 (1977), in which we reversed the judgment of sentence and granted the co-defendant a new trial. Therefore, for the reasons stated in Commonwealth v. Van Wright, we reverse appellant’s judgment of sentence and grant a new trial.

Judgment of sentence vacated and new trial granted.

CERCONE, J., concurs in the result.

Reference

Full Case Name
COMMONWEALTH of Pennsylvania v. Tommie L. CLARK
Cited By
1 case
Status
Published