COMMONWEALTH v. GOINS


457 Pa. 594 (1974)

Commonwealth v. Goins, Appellant.

Supreme Court of Pennsylvania.

Reargued April 24, 1973.

July 1, 1974.


Attorney(s) appearing for the Case

Louis Lipschitz, with him Julian F. King, for appellant.

Benjamin H. Levintow, Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION BY MR. JUSTICE NIX, July 1, 1974:

This appeal again raises the ever-troublesome problem of the extent to which a court is permitted to comment on the evidence in its charge to the jury. We are satisfied that in this case, the trial court exceeded the permissible limits and that a new trial must be awarded.

On the evening of October 6, 1967, at approximately 9:30 P.M. the deceased, Ceretta Bryson, then twenty

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