Commonwealth v. Young

Dissenting Opinion by

Hoffman, J. :

The sole meritorious issue in this appeal is whether the trial judge committed reversible error by instructing the jury that it could find appellant criminally liable for the acts of his co-conspirators, but failing to charge either as to the elements of conspiracy or as to the effect of the termination of the conspiracy.

At 12:45 a.m. on August 21, 1972, Ronald Williams, while lying in bed in a friend’s apartment in North Philadelphia where he was staying, heard the door being broken down. Appellant, Richard Kelsey, Leon Kelsey, and David Warren then entered…