Commonwealth v. Hoke

BIESTER, J.,

The above-captioned matter, now before us on defendant’s *308post-trial motions in arrest of judgment and for a new trial, presents us with essentially an issue of first impression in the courts of our commonwealth. The issue is whether the erroneous entry and brief stay into the jury room during deliberations of an exhibit, which had not been admitted into evidence, but had been in view of the jury for an extended period of time in the courtroom, is grounds for a new trial. Our review of the limited case law which addresses similar issues strongly suggests and we determine that, in…