COM. v. CIOTTI


318 Pa.Super. 549 (1983)

465 A.2d 690

COMMONWEALTH of Pennsylvania v. Anthony Dominick CIOTTI, Appellant.

Supreme Court of Pennsylvania.

Filed September 9, 1983.

Petition for Allowance of Appeal Granted December 20, 1983.


Attorney(s) appearing for the Case

William F. Cercone, Jr., Pittsburgh, for appellant.

Shad Connelly, Assistant District Attorney, Erie, for Commonwealth, appellee.

Before SPAETH, BROSKY, ROWLEY, McEWEN, MONTGOMERY, HOFFMAN and VAN der VOORT, JJ.


HOFFMAN, Judge:

Appellant contends that the lower court erred in refusing to instruct the jury to scrutinize carefully and accept cautiously the testimony of two Commonwealth witnesses as purported accomplices. We agree and, accordingly, reverse the judgment of sentence and remand for a new trial.1

At approximately 7:30 p.m. on November 15, 1977, appellant telephoned Samuel Rossi and received permission to store something in the...

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