Commonwealth v. Savor

Dissenting Opinion by

Ross, J.:

I cannot agree with the majority that so admittedly prejudicial a remark can be cured simply by instructions to the jury and I therefore file this dissent. My concern arises essentially from the role this decision will play as a further addition to the growing number of precedents which have steadily whittled away at the evidentiary safeguards surrounding the fair trial guaranteed to defendants who are charged with the commission of crimes. The theory that the prejudicial effect can be weighed and then cured by instructions to the jury is unrealistic to the…