COMMONWEALTH v. MITCHELL


246 Pa.Super. 132 (1977)

369 A.2d 846

COMMONWEALTH of Pennsylvania v. George Justice MITCHELL, Appellant.

Superior Court of Pennsylvania.

Decided February 18, 1977.


Attorney(s) appearing for the Case

Edward F. Browne, Jr., Assistant Public Defender, Lancaster, for appellant.

Robert A. Longo, Assistant District Attorney, and D. Richard Eckman, District Attorney, Lancaster, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


SPAETH, Judge:

On appeal from his conviction for theft, appellant claims that the trial judge erred (1) in permitting testimony by the arresting officer that appellant chose to remain silent, and (2) in prohibiting appellant from offering witnesses who would testify that a third party had told them that he, and not appellant, had committed the crime. We reverse on the first ground and therefore do not reach the second.1

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