Commonwealth v. Duffy

Opinion by

Spaeth, J.,

Appellant was tried by a jury on charges of receiving stolen property, conspiracy to do an unlawful act, compounding a crime, and being a principal in the second degree, accessory, aider and abettor. He was found guilty of conspiracy, but was acquitted of the other charges. Post-trial motions in arrest of judgment and for a new trial were denied, and sentence was imposed. This appeal, which challenges only the denial of the motion for a new trial, followed.

I

Appellant’s first contention is that the trial judge erred in permitting the Commonwealth, on a plea of surprise, to…