Commonwealth v. Keppel

Dissenting Opinion by

Hoffman, J.:

In this appeal from a judgment of sentence for burglary and larceny, appellant contends that the trial judge committed reversible error in its charge to the jury relating to the testimony of an alleged accomplice.

The pertinent portion of the charge is as follows: “It would not be possible in this case to exculpate Mr. Keppel unless you find that you cannot find Mr. Pettit (the alleged accomplice) believable in what he said Mr. Keppel did. That is what is at issue here, what he has said that he saw Mr. Keppel do and what he has said he heard Mr. Keppel say to…