Supreme Court of Pennsylvania, 1990

Commonwealth v. McCracken

Supreme Court of Pennsylvania · Decided March 26, 1990 · Nix, Larsen, Flaherty, McDermott

572 A.2d 2; 524 Pa. 332; 1990 Pa. LEXIS 85 (Atlantic Reporter, Second Series)

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.

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