Commonwealth v. White

OPINION OF THE COURT

POMEROY, Justice.

Dennis White was convicted in a jury trial of murder of the third degree for the shooting death of one Thomas Sumpter. Post-trial motions were filed and argued before the trial court, and on July 13, 1976, White’s motion for a new trial was granted on the ground that a testimonial reference to White’s decision to remain silent after having given a partial oral statement to the police constituted reversible error. 1 From the lower court’s order granting a new trial, the Commonwealth has taken this appeal. 2

As with a denial of a motion for new trial, so with…