COM. v. FORNICOIA


437 Pa.Super. 552 (1994)

650 A.2d 891

COMMONWEALTH of Pennsylvania, Appellee, v. James FORNICOIA, Appellant.

Superior Court of Pennsylvania.

Filed December 1, 1994.


Attorney(s) appearing for the Case

Steven Savor, Jr., Pittsburgh, for appellant.

Matt Hayes, Asst. Dist. Atty., Erie, for Com., appellee.

Before CAVANAUGH, POPOVICH and HESTER, JJ.


POPOVICH, Judge:

This is an appeal from a judgment of sentence entered in the Court of Common Pleas of Erie County following appellant's conviction on a charge of possession of marijuana with intent to deliver. Appellant contends that the trial judge erred when he warned the Commonwealth's witness of the penalty for perjury and this error prejudiced appellant. After careful review, we agree, vacate the judgment of sentence and grant appellant a new trial.

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