Commonwealth v. Jackson

CERCONE, President Judge:

Following a jury trial appellant was found guilty of robbery. Post-trial motions were denied and a sentence of two to four years’ imprisonment was imposed. This appeal followed.

Appellant argues the lower court erred in failing to grant a mistrial after a Commonwealth witness, while testifying on rebuttal, referred to “pictures” of the appellant. It is contended that the witness’s reference to “pictures” conveyed to the jury the fact that appellant had engaged in prior criminal activity.

The comment at issue occurred when Officer Emery Doaks, testifying on direct,…