Commonwealth v. Wiand

Dissenting Opinion by

Rhodes, J.:

I would concur in the judgment of the court as to Reaver 3d if I understood that it was a necessary result of the conclusion or of the formula applied in Com. v. Vallone, 151 Pa. Superior Ct. 431, from which I dissented, but by which I would be bound as the decision of this court. But in referring to that case the majority opinion now says: “We there pointed out what we consider to be some of the dangers of oversimplification of the rule of assenting silence; that to dispose of cases of this kind by a formula would be unnecessary abandonment of the…