COMMONWEALTH v. THOMAS


229 Pa.Super. 116 (1974)

Commonwealth v. Thomas, Appellant.

Superior Court of Pennsylvania.

June 21, 1974.


Attorney(s) appearing for the Case

Andrew G. Gay, for appellant.

William P. Boland, with him Mark Sendrow and Steven Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY CERCONE, J., June 21, 1974:

The appellant herein, after a jury trial, was found guilty of aggravated assault and battery and assault with intent to kill. In the instant appeal he urges this court to reverse the lower court's denial of his motion for a mistrial after a Commonwealth witness, in an unresponsive answer to a question put by the court, referred to "mugshots" the police showed to him prior to the trial. The facts of the case are as follows.

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