Commonwealth v. West

ROBERTS, Judge:

This is an appeal from a judgment of sentence for first-degree murder and related offenses. At closing argument, the prosecutor told the jury “if you acquit, (these defendants) go never to come back ..., never to have to answer again, (but) ... if you convict ... there are appeals and there may be reversals ... ”. Because this argument improperly urged upon the jury a bias in favor of conviction, appellant was denied his right to a fair trial. Accordingly, we vacate the judgment of sentence and remand for a new trial.1

*611Appellant and his co-defendant, Derrick Simmons, were…