Supreme Court of Pennsylvania, 1986

Commonwealth v. Britton

Commonwealth v. Britton
Supreme Court of Pennsylvania · Decided March 31, 1986 · Nix, Larsen, Flaherty, McDer-mott, Hutchinson, Zappala, Papadakos
506 A.2d 895; 509 Pa. 620; 1986 Pa. LEXIS 744 (Atlantic Reporter, Second Series)
Commonwealth v. Britton

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12 later published cases cite this decision.

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Opinion

509 Pa. 620 (1986)
506 A.2d 895

COMMONWEALTH of Pennsylvania, Appellee,
v.
George BRITTON, Appellant.

Supreme Court of Pennsylvania.

Argued October 25, 1985.
Decided March 31, 1986.

John W. Packel, Chief/Appeals Div., Asst. Public Defender, Jules Epstein, Philadelphia, for appellant.

Robert B. Lawler, Chief/Appeals Div., Eric B. Henson, Jane Cutler Greenspan, Asst. Dist. Attys., for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

*621 ORDER

PER CURIAM.

Appeal dismissed as having been improvidently granted.

ZAPPALA, J., files a dissenting statement.

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.).

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