Commonwealth v. Antonette

Dissenting Opinion by

Hoffman, J.:

Defendant, Samuel Antonette, was charged with the offense of bookmaking. On October 5, 1967, the jury found defendant guilty. A motion for new trial was dismissed by the lower court. On appeal, appellant has raised various contentions, one of which, in my opinion, requires the granting of a new trial. I believe that the court erred in its charge on reasonable doubt.

During its charge, the court made the following statement: “A reasonable doubt is neither a conjectural nor a fanciful doubt. Nor is it any possible doubt. But what it is, is a real and honest doubt…