Commonwealth v. Alston

BECK, J.:

¶ 1 This case raises the novel question of whether a violation of Pennsylvania Rule of Criminal Procedure 1119, titled Request for Instructions, Charge to the Jury, and Preliminary Instructions, is sufficient to warrant a new trial or whether a defendant must establish prejudice as a result of the violation. After careful consideration of the applicable law, we hold that in order to prevail on a Rule 1119 claim, a party must prove prejudice. Hence, we affirm the judgment of sentence.

¶ 2 The evidence at trial, when viewed as it must be in the light most favorable to the Commonwealth,…