Commonwealth v. Horner

Dissenting Opinion by

Me. Justice Pomeeoy :

Being convinced that the trial court erred in the two grounds on which appellee was awarded a new trial, I must dissent from the affirmance of its order.

I

The issue considered by the Court in its opinion is whether a statement given by the defendant at an uncounseled preliminary hearing in 1959 could be used *443against him by way of impeachment a,t his trial which took place in. 1962. The Court holds that this question is controlled by White v. Maryland, 373 U.S.. 59, 10 L. Ed. 2d 193 (1963), and states that the use of such a statement at trial “was…