COM. v. BABBS


346 Pa.Super. 498 (1985)

499 A.2d 1111

COMMONWEALTH of Pennsylvania v. Daryl BABBS, Appellant.

Supreme Court of Pennsylvania.

Filed October 18, 1985.


Attorney(s) appearing for the Case

Mitchell A. Kaufman, Assistant Public Defender, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Before WIEAND, JOHNSON and MONTGOMERY, JJ.


WIEAND, Judge:

The principal issue in this appeal is whether a criminal defendant's failure to appear for trial, without evidence of flight or concealment, is sufficient to permit a fact finder to infer a consciousness of guilt. The trial court, over defense objections, allowed evidence that appellant had failed to appear on a prior trial date and then instructed the jury that it could infer a consciousness of guilt from this evidence. We conclude that this was error...

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