Commonwealth v. Krall

Concurring Opinion by

Hoffman, J.:

I concur in the result reached by the Majority because I believe that the Majority’s reasoning is technically unassailable. At the same time, however, I believe that the result is unjust and, therefore, raises a question whether our Supreme Court’s decision in Commonwealth v. Clair, 458 Pa. 418, 326 A.2d 272 (1974), that abrogated the doctrine of basic and fundamental error in Pennsylvania, must be applied when to do so produces an unjust result.

In the normal course of the judicial process, an appellate court often announces a new rule that is applied only to…