Commonwealth v. McCracken

Supreme Court of Pennsylvania March 26, 1990

Commonwealth v. McCracken, 572 A.2d 2 (Pa. 1990)

524 Pa. 332; 1990 Pa. LEXIS 85

Nix, Larsen, Flaherty, McDermott

Opinion of the Court

ORDER

PER CURIAM:

Order affirmed.

NIX, C.J., files a dissenting opinion.

Dissenting Opinion

NIX, Chief Justice,

dissenting.

Evidence of an admission by an alleged co-conspirator of his commission of the specific crime for which a defendant is charged is not merely cumulative of a general defense *333theory implicating the co-conspirator in other similar crimes. See Commonwealth v. Tervalon, 463 Pa. 581, 345 A.2d 671 (1975). The after-discovered evidence here would be likely to change the result of this case in light of the conflicting evidence presented at trial. I, therefore, dissent.

Reference

Full Case Name: COMMONWEALTH of Pennsylvania v. Terrence McCRACKEN, Jr., Appellant
Cited By: 9 cases
Status: Published