Commonwealth v. Shephard

Dissenting Opinion

Schiffman, J.,

This matter is before the court upon the petition of defendant, who has been indicted upon counts of murder and manslaughter for having caused the death of Joseph Wildes on August 2, 1964, in the City of Wilkes-Barre.

Defendant seeks to examine and have copied the written statement of alleged witnesses Michael Bonk, Mrs. Ruth Moharter and her minor niece, Jane Dougher. Their statements are purported to be in the custody of the district attorney, who refuses the examination sought. The case against defendant has not yet proceeded to trial.

The majority of this…