Commonwealth v. Britton

Supreme Court of Pennsylvania March 31, 1986

Commonwealth v. Britton, 506 A.2d 895 (Pa. 1986)

509 Pa. 620; 1986 Pa. LEXIS 744

Nix, Larsen, Flaherty, McDer-mott, Hutchinson, Zappala, Papadakos

Opinion of the Court

*621ORDER

PER CURIAM.

Appeal dismissed as having been improvidently granted.

ZAPPALA, J., files a dissenting statement.

Dissenting Opinion

ZAPPALA, Justice,

dissenting.

Not only would I reach the merits of this appeal, but I would reverse the Appellant’s conviction and grant him a new trial. It is clear from the record that the trial judge exceeded his proper duty by his extensive interrogation of the Appellant. Commonwealth v. Myma, 278 Pa. 505, 123 A. 486 (1924). See Commonwealth v. Britton, 334 Pa.Super. 203, 222, 482 A.2d 1294, 1304 (1984) (dissenting opinion of Spaeth, P.J.).

Reference

Full Case Name: COMMONWEALTH of Pennsylvania, Appellee, v. George BRITTON, Appellant
Cited By: 18 cases
Status: Published