Commonwealth v. Tangle

I agree with the majority that the trial court erred in allowing the Commonwealth to present rebuttal evidence of a prior burglary offense by appellant inasmuch as the lower court considered only two of the five factors to be weighed pursuant to Commonwealth v. Bighum, 452 Pa. 554, 307 A.2d 255 (1973) and Commonwealth v. Roots, 482 Pa. 33, 393 A.2d 364 (1978). Accordingly, I concur that judgment of sentence must be vacated and this case remanded for a new trial.

However, I must dissent from the implied approval by the majority in its Opinion of the time at which and manner in which the trial…