COMMONWEALTH v. PACINI


224 Pa.Super. 497 (1973)

Commonwealth v. Pacini, Appellant.

Superior Court of Pennsylvania.

June 14, 1973.


Attorney(s) appearing for the Case

James K. O'Malley, with him Neil H. Fink, for appellant.

William C. Costopoulos, Deputy District Attorney, with him LeRoy S. Zimmerman, District Attorney for Commonwealth, appellee.

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


OPINION BY SPAULDING, J., June 14, 1973:

The sole issue in this appeal is whether a party to a criminal proceeding may have the jury polled after the verdict has been announced and affirmed in open court. Appellant John F. Pacini was convicted of rape by a Dauphin County jury. He seeks a new trial on the basis of the trial judge's refusal to allow him a poll of the jury.1

Appellant's trial involved conflicting testimony as to whether...

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