Commonwealth Ex Rel. Staino v. Cavell

Dissenting Opinion by

Hoffman, J.:

I dissent. It is true that the doctrine of tacit admissions has not been abrogated by the Supreme Court of Pennsylvania. Nonetheless, recent decisions of the United States Supreme Court raise serious constitutional questions which have never been considered by our highest state court. We would be remiss in our duty as an appellate court if we failed to consider the constitutional validity of a rule of evidence which was approved prior to these recent decisions.

At the hearing on the habeas corpus petition, the following facts were established: Appellant,…