Mason v. Commonwealth

Opinion

KEENAN, J.

On November 4, 1987, we issued an opinion in this case addressing all issues which had been briefed and argued. On January 14, 1988, we granted appellant a rehearing and withdrew the opinion in order to reconsider: (1) whether we employed the proper standard for evaluating whether the trial court’s error in instructing the jury was harmless; and (2) whether the Commonwealth in this case was subject to the provisions of Rule 5A:18. We find that: (1) we employed the proper standard of determining harmless error, but for different reasons than set forth in our November 4, 1987…