Commonwealth v. Carney

This is an appeal by the Commonwealth from an order of the lower court which granted appellee, Thomas Joseph Carney, a new trial. 1 The Commonwealth alleges that the lower court committed an error of law when it ruled a new trial was required owing to a prosecution witness’s response on direct examination. We conclude, from our examination of the record, that the lower court did in fact err when it granted appellee a new trial. Therefore, we reverse and remand for reinstatement of appellee’s verdict, disposition of appellee’s remaining post-verdict motions and for sentencing.

Appellee was…