Commonwealth v. Downey

OPINION

CAPPY, Justice.

This appeal raises the issue of whether the denial of a request to poll the jury, made prior to the dispersal of the jury, constitutes reversible error. The Superior Court determined that in the instant matter such denial did demand that a new trial be awarded. For the reasons that follow, we affirm.

Appellee was charged with one count of Criminal Homicide 1 and one count of Violation of Uniform Firearms Act (VUFA). 2 He was ultimately convicted by a jury of first degree murder and VUFA. He was sentenced to life imprisonment on the murder conviction. On appeal, Appellee…