Commonwealth v. Craft
Commonwealth v. Craft
Opinion of the Court
Opinion by
The appellant, Samuel Craft, was convicted by a jury on January 20, 1970, of second degree murder. Post-trial motions were denied and the appellant was sentenced to a term of four to eleven years imprisonment. This appeal followed in which we affirm the judgment of sentence.
First, the appellant contends that prejudicial error occurred when two prosecution witnesses made reference in their testimony to photographs. The jury, according to the appellant, could have inferred from these references that the appellant had a prior criminal record.
Three references to photographs occurred. Two of these references occurred when defense counsel was cross-examining a prosecution witness who was a friend of the victim and was present at the time of the stabbing. Defense counsel was attempting to impeach the witness by establishing that on the day following the stabbing, the witness had given the police a description of the assailant which did not fit the appellant. Defense counsel asked the following question which resulted in the first reference to photographs: “Q. Now, did you give a description of the man that you said did the stabbing at the time that you spoke to the police, at the time you made your statement? A. At the time I made the statement, I was shown three photographs in which I do believe I picked out your client’s picture.” (Emphasis added.)
The third reference to photographs occurred during the testimony of a later prosecution witness, a waitress, who was also present at the restaurant the night of the stabbing. During direct examination, the prosecutor asked the following question and the witness referred to photos in her answer: “Q. When you say the defendant looks like the man, what do you mean? A. Well, the man in the restaurant, he wasn’t tall or nothing. He had a heavy mustache, but it was cold. He had on a hat and an overcoat and after everything happened, like they took me down to look at different photos. Well, he had a heavy mustache and, you know, I just say he resembled him at that time. I really couldn’t tell you.” (Emphasis added.)
In Commonwealth v. Allen, 448 Pa. 177, 292 A. 2d 373 (1972), we explicitly rejected the suggestion that any reference to a defendant’s photograph is so prejudicial that an inflexible rule of reversal must apply. Rather, we said that the controlling question is “whether or not a juror could reasonably infer from the facts presented that the accused had engaged in prior criminal activity.” Id. at 181, 292 A. 2d at 375.
The above three references were the only mention during the entire trial of photographs. They were passing references which were not pursued by either counsel as the questioning of the witnesses continued. No mention of the photographs was made in closing argu
Appellant next contends that the trial court improperly allowed the prosecution to cross-examine the appellant about his prior criminal record in violation of the Act of March 15, 1911, P. L. 20, §1, 19 P.S. §711. Under that Act, however, cross-examination of a defendant concerning a prior criminal record is proper, when evidence is given by the defense tending to prove the defendant’s good character or reputation. In this case, the appellant, during his direct examination, testified that he fled to California because he had once spent fifteen or sixteen months in prison, awaiting trial, for a crime he did not commit, and for which he was later found not guilty. He also testified on direct that he had been convicted in 1963 of larceny and receiving stolen goods and received a sentence of two years probation.
Other questions have been raised including (1) whether the trial judge acted improperly during the trial and (2) whether the charge to the jury was proper. We have examined the record and find no error in either the trial judge’s conduct during the trial or in the charge to the jury.
Judgment of sentence affirmed.
Dissenting Opinion
Dissenting Opinion by
We dissent believing that the Commonwealth should not have been permitted on cross-examination to elicit
Appellant’s testimony was specifically directed to a single event.
On direct examination by defense counsel, the following transpired : “Q. Sam, back in 1963, were you found guilty of larceny and receiving stolen goods and given two years probation? A. I wasn’t found guilty. I pleaded guilty. Q. And did you get probation? A. Yes, I did.”
Reference
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- Commonwealth v. Craft, Appellant
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