Commonwealth v. Flynn

I do not agree that the Commonwealth infringed appellant’s fifth amendment right to remain silent. Cf. Commonwealth v. Mitchell, 246 Pa.Super. 132, 369 A.2d 846 (1977) (Dissenting Opinion by Price, J.) However, I do agree with Judge Hoffman that this case should be reversed and remanded for a new trial because it was an abuse of discretion to deny appellant a continuance.

I would add only the following facts to the details of the record, which, to me, control. After the Commonwealth had presented its case, appellant was granted a recess for the rest of the day to prepare his defense. During…