Legal Opinion · Dissent

Commonwealth v. Ginnery

Superior Court of Pennsylvania

Decided October 7, 1983No. 524Published

1DissentCavanaugh, Judge

I respectfully dissent. The question which we address on this appeal is whether reversible error was committed when the trial court permitted photographs of six individuals including appellant to be identified and shown to the jury. Under the circumstances of this case, I believe it is abundantly clear that the jury could reasonably infer from the facts presented that the defendant had engaged in prior criminal activity and that a new trial must be granted.

Appellant James A. Ginnery, was convicted by a jury of indecent exposure and his appeal is from a judgment of sentence following denial of…

2Cases cited11 opinions

  1. Commonwealth v. AllenSupreme Court of Pennsylvania · 1972
  2. Commonwealth v. TrowerySuperior Court of Pennsylvania · 1967
  3. Commonwealth v. KrasnerSuperior Court of Pennsylvania · 1981
  4. Commonwealth v. ElmoreSuperior Court of Pennsylvania · 1976
  5. Commonwealth v. DeMarcoSuperior Court of Pennsylvania · 1973

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