COMMONWEALTH v. ALSTON


748 A.2d 677 (2000)

COMMONWEALTH of Pennsylvania, Appellee, v. Kenneth ALSTON, Appellant.

Superior Court of Pennsylvania.

Filed February 11, 2000.

Reargument Denied April 14, 2000.


Attorney(s) appearing for the Case

Alston B. Meade, Jr., Philadelphia, for appellant.

Aljali Prasad, Asst. Dist. Atty., Philadelphia, for Com., appellee.

Before CAVANAUGH, KELLY and BECK, JJ.


BECK, J.:

¶ 1 This case raises the novel question of whether a violation of Pennsylvania Rule of Criminal Procedure 1119, titled Request for Instructions, Charge to the Jury, and Preliminary Instructions, is sufficient to warrant a new trial or whether a defendant must establish prejudice as a result of the violation. After careful consideration of the applicable law, we hold that in order to prevail on a Rule 1119 claim, a party must prove prejudice. Hence,...

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