COM. v. SIMMONS


436 Pa.Super. 203 (1994)

647 A.2d 568

COMMONWEALTH of Pennsylvania, Appellant, v. Curtis SIMMONS.

Superior Court of Pennsylvania.

Filed September 12, 1994.


Attorney(s) appearing for the Case

Karen A. Brancheau, Asst. Dist. Atty., Philadelphia, for Com., appellant.

Mitchell S. Strutin, Philadelphia, for appellee.

Before McEWEN, OLSZEWSKI and DEL SOLE, JJ.


DEL SOLE, Judge.

The Commonwealth takes this appeal from the trial court's order granting Appellee, Curtis Simmons, a new trial due to his counsel's failure to request a cautionary Kloiber instruction. See Commonwealth v. Kloiber, 378 Pa. 412, 106 A.2d 820 (1954).

The Pennsylvania Supreme Court in Kloiber directed that a jury should be warned that identification testimony must be received with caution where...

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