Legal Opinion · Concurring in part, dissenting in part

Commonwealth v. Almeida

Superior Court of Pennsylvania

Decided October 29, 1982No. 981Published

1Concurring in part, dissenting in partSpaeth, Judge

The majority holds, first, that we should consider appellant’s claim that the charge was erroneous. I think this claim has been waived. When the trial judge asked defense counsel what was wrong with the charge, counsel wouldn’t tell him. I shouldn’t let counsel tell us what he wouldn’t tell the trial judge. Next the majority holds that the charge was not erroneous because it “did not permit the jury to [use] the testimony of one accomplice to corroborate that of another.” Slip op. at 10. I think the charge in its most obvious meaning did permit this. It was at the very least ambiguous. But…

2Cases cited21 opinions

  1. Commonwealth v. ClairSupreme Court of Pennsylvania · 1974
  2. Commonwealth v. SisakSupreme Court of Pennsylvania · 1969
  3. Commonwealth v. BradleySupreme Court of Pennsylvania · 1972
  4. Commonwealth v. BanksSupreme Court of Pennsylvania · 1973
  5. Commonwealth v. ElliottSupreme Court of Pennsylvania · 1928

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