Commonwealth v. Box
Commonwealth v. Box
Dissenting Opinion
dissenting.
I dissent. Appellant argues that he is entitled to a new trial because of prejudice caused by photographs introduced into evidence at trial. For the reasons stated in my dissenting opinion in Commonwealth v. Wade, 480 Pa. 160, 389 A.2d 560 (1978), (dissenting opinion of Manderino, J.), I agree. As part of a series of photographs depicting the crime scene, the prosecution introduced two photographs in which the body of the victim was exhibited, and the gunshot wounds causing death were readily visible.
Photographs depicting the lifeless body of the victim of a crime are per se inflammatory and likely to so affect the jury that they should be admitted into evidence only if they are shown by the prosecution to be of essential evidentiary value. Here, the prosecution contends that the photographs were necessary to establish that appellant intended to kill the deceased, (thus establishing one of the elements of murder in the first degree, for which appellant had been charged). The purpose of introducing the photographs was to show the use of a deadly weapon on a vital part of the body, a fact from which the jury, according to the prosecution, could infer intent to kill. Even if we assume that
Opinion of the Court
OPINION
Appellant was convicted of murder of the second degree and two counts of robbery on charges arising from the September, 1974 hold-up of a tavern in Steelton, Dauphin County. Following post-trial motions, appellant was sentenced to life imprisonment for the murder conviction and ten to twenty years’ imprisonment for each robbery conviction. The three sentences are to be served consecutively. He appeals the judgments of sentence.
Appellant alleges the following errors by the trial court: denial of a change of venue; denial of appointment (at public expense) of an investigator, a psychologist and a
Appellant’s contentions are without merit.
Judgments of sentence affirmed.
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania, Appellee, v. Earl Eugene BOX, Appellant
- Cited By
- 18 cases
- Status
- Published