Commonwealth v. Booker

Opinion by

Jacobs, J.,

Appellant and a co-defendant, Steve Miller, were charged with aggravated robbery. The charge arose from the alleged theft of a transistor radio on March 8, 1969. Each pleaded not guilty and waived a jury trial; they were to be tried jointly.

The joint trial started on October 1, 1969, with both defendants represented by the same counsel. The second Commonwealth witness was Officer Bailey, one of the arresting officers, who observed the. incident leading to the arrest. In response to a question by the district attorney on direct examination, Officer Bailey stated: “At this…