COMMONWEALTH v. CAESAR


224 Pa.Super. 266 (1973)

Commonwealth v. Caesar, Appellant.

Superior Court of Pennsylvania.

April 4, 1973.


Attorney(s) appearing for the Case

Jonathan Miller, Assistant Defender, with him Vincent J. Ziccardi, Defender, for appellant.

Linda West Conley, Assistant District Attorney, with her Milton M. Stein, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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


OPINION PER CURIAM, April 4, 1973:

The six Judges who heard and decided this appeal being equally divided, the judgment of sentence is affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

During closing argument before the jury, the prosecuting attorney, branding appellant's testimony as lies, made references to matters outside the record. Appellant contends that this conduct requires that the judgments of sentence be reversed and a new trial granted. I agree...

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