COM. v. SHELTON


536 Pa. 559 (1994)

640 A.2d 892

COMMONWEALTH of Pennsylvania, Appellee, v. Thomas S. SHELTON, Appellant.

Supreme Court of Pennsylvania.

Decided April 21, 1994.


Attorney(s) appearing for the Case

John W. Packel, Paul M. George, Ellen T. Greenlee, Philadelphia, for appellant.

Catherine Marshall, Ronald Eisenberg, George S. Leone, Philadelphia, for appellee.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.


OPINION

ZAPPALA, Justice.

We granted allocatur to determine whether the Commonwealth violated Pa.R.Crim.P. 305 by informing defense counsel of Officer Cunningham's identification testimony in its opening statement to the jury. Because the Commonwealth deliberately withheld such information throughout the hearing on Appellant's pre-trial suppression motions and then used the information to ambush Appellant during the Commonwealth's opening statement...

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