COMMONWEALTH v. CRUZ


226 Pa.Super. 241 (1973)

Commonwealth v. Cruz, Appellant.

Superior Court of Pennsylvania.

November 16, 1973.


Attorney(s) appearing for the Case

William A. Atlee, Jr., with him Penn B. Glazier, and Geisenberger, Zimmerman, Pfannebecker & Gibbel, for appellant.

Ronald L. Buckwalter, Assistant District Attorney, with him Henry J. Rutherford, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and SPAETH, JJ.


OPINION BY HOFFMAN, J., November 16, 1973:

Appellant contends he is entitled to a new trial because of the prejudicial effect of being seen handcuffed in the courtroom by members of the jury.

Appellant was tried with a codefendant on the charge of possession of marijuana. The jury found the appellant guilty and the codefendant not guilty.

The record reveals that appellant was handcuffed when the court recessed for the day while a portion of the jury...

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