Commonwealth v. Malone

POPOVICH, Judge:

I respectfully dissent. The majority concludes that the trial court abused its discretion in excluding the testimony of appellant’s wife concerning appellant’s self-defense claim and, as a result, holds that appellant should be granted a new trial. For the following reason, I believe that a new trial should not be granted.

Even in the event that the trial court abused its discretion in refusing to admit appellant’s wife’s testimony, the error is harmless if it did not contribute to the verdict. The Court in Commonwealth v. Story, 476 Pa. 391, 404, 383 A.2d 155, 162 (1978),…