Commonwealth v. Miller

BECK, Judge:

Appellant John Miller was convicted of third degree murder, possession of an instrument of crime, and criminal conspiracy in connection with the stabbing death of William Hightower in North Philadelphia. On appeal from the judgment of sentence, appellant contends that the trial court erred in denying a defense motion for a mistrial based on the allegedly prejudicial testimony of a Commonwealth witness. We affirm.

The statement complained of was made by Commonwealth witness Otis Canty while being cross-examined by defense counsel. On direct examination, Canty had testified that he…