Commonwealth v. Evans

Dissenting Opinion by

Hoffman, J.:

Appellant was charged with auto larceny, armed robbery and assault and battery. On November 19, 1968, he pleaded not guilty and went to trial before a judge sitting without a jury.

After testimony had begun on the auto larceny charge, appellant’s counsel announced, “[wje’re pleading guilty to this charge.” Following a colloquy to establish appellant’s understanding of his pleas, the trial continued as to the other charges.1

The victim of the robbery testified concerning the offense. Defense counsel asked one question on cross-examination of this witness and…