Cunningham v. Commonwealth

Opinion

COLE, J.

This appeal raises two issues: (1) whether the prosecutor’s persistence in questioning a witness after he had invoked his fifth amendment right against self-incrimination denied appellant a fair trial; and (2) whether the trial court erred by unfairly examining defense witnesses. Finding no error, we affirm.

Upon his trial by jury, the appellant, Leroy Cunningham (“Cunningham”), was convicted of robbery, malicious wounding and use of a firearm in the commission of a crime. He received sentences of seventeen years in the state penitentiary.

The Commonwealth’s evidence showed that…