Legal Opinion · Dissent

Commonwealth v. Fortune

Superior Court of Pennsylvania

Decided July 31, 1981No. 2262Published

1DissentSpaeth, Judge

In Commonwealth v. Williams, 454 Pa. 368, 312 A.2d 597 (1973), the Supreme Court held that a new trial must be granted because

[n]owhere on the record is there any indication that [the defendant] knew the essential ingredients of a jury trial which are necessary to understand the significance of the right he was waiving. These essential ingredients, basic to the concept of a jury trial, are the requirement that the jury be chosen from members of the community (a jury of one’s peers), that the verdict be unanimous, and that the accused be allowed to participate in the selection of the jury…

2Cases cited7 opinions

  1. Commonwealth v. WilliamsSupreme Court of Pennsylvania · 1973
  2. Commonwealth v. MorinSupreme Court of Pennsylvania · 1978
  3. Commonwealth v. GuenzerSuperior Court of Pennsylvania · 1978
  4. Commonwealth v. TamiSuperior Court of Pennsylvania · 1979
  5. Commonwealth v. BouieSuperior Court of Pennsylvania · 1979

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