Commonwealth v. Grello

I strenuously dissent. Appellant, John K. Grello, was found guilty by a jury on September 10, 1973, of aggravated assault, battery and burglary. The Superior Court affirmed the trial court without opinion on February 6, 1975. On April 1, 1975, appellant sought reargument before the Superior Court on the basis of our decision in Commonwealth v. Graves, 461 Pa. 118, 334 A.2d 661 (filed March 18, 1975). This request was denied by the Superior Court on April 3, 1975, and a petition for allocatur followed.

In joining in Justice Eagen’s dissenting opinion in Commonwealth v. Graves, I expressed my…