Commonwealth v. Mitchell

I concur in the first part of the order entered by the majority, vacating the judgments of sentence. However, I dissent from the second part, discharging appellant. I believe that the evidence was sufficient to support appellant’s conviction of conspiracy, and that appellant’s motion in arrest of judgment was therefore properly denied. I also believe that the district attorney improperly questioned appellant’s co-defendant about why he and appellant were silent when accused by the police, and further, improperly commented on that silence in closing to the jury, and that appellant’s motion for…