Commonwealth v. Black

Opinion by

Rhodes, P. J.,

Defendant was indicted, tried, and convicted on a charge of involuntary manslaughter which involved the death of one John V. Lannigan. This resulted when defendant’s automobile in which both were riding went out of control and overturned.

Defendant has appealed from the judgment of sentence imposed by the Court of Quarter Sessions of Mercer County, and asks that a new trial be granted because of trial errors.

The question presented is whether it was prejudicial error for the trial judge to allow the assistant district attorney to comment upon the failure of defendant to…