Commonwealth v. McCutchen

I would affirm the Superior Court’s Order granting appellant a new trial on the basis of that court’s comprehensive discussion concerning the two color slides which were shown to the jury. Commonwealth v. McCutchen, 274 Pa.Superior Ct. 96, 417 A.2d 1270 (1979). I am compelled, however, to respond to one portion of the majority’s analysis.

The majority states:

“To permit the disturbing nature of the images of the victim to rule the question of admissibility would result in exclusion of all photographs of the homicide victim, and would defeat one of the essential functions of a criminal trial,…