Legal Opinion · Concurrence

Commonwealth v. Wright

Supreme Court of Pennsylvania

Decided July 1, 1974No. Appeal, No. 95Published

1Concurrence

Concurring Opinion by

Mr. Justice Roberts :

I concur in the result because, in my view, this case is plainly controlled by Commonwealth v. DuVal, 453 Pa. 205, 307 A.2d 229 (1973). There, five Justices of this Court were of the opinion that the defendant was “entitled to a new trial because the trial court, over timely objection, erroneously permitted the prosecutor to call [a witness] who the prosecutor knew would assert the privilege against self-incrimination.” Id. at *516224, 307 A.2d at 238 (concurring opinion).* This principle applies with equal force to the instant facts and requires that…

2Cases cited3 opinions

  1. Commonwealth v. DuvalSupreme Court of Pennsylvania · 1973
  2. United States v. Loren Lee KingCourt of Appeals for the Eighth Circuit · 1972
  3. State v. VegaNew Mexico Court of Appeals · 1973

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