Commonwealth v. Miller

*258Dissenting Opinion by

Jacobs, J.:

I dissent.

We noted in Commonwealth v. Cooper, 229 Pa. Superior Ct. 52, 823 A.2d 255 (1974), that the absolute right to make a closing argument “still must be viewed through a glass tempered with the experience of non-jury trials and colored by the facts of the case.” Id. at 54, 323 A.2d at 256-57. In my opinion the facts of this case are not materially distinguishable from those of Cooper. In this case, as in Cooper, defense counsel stood silently as the Court asked the appellant to approach the bench, produced the bills of indictment and pronounced the…