Commonwealth v. Barnhart

WIEAND, Judge:

Cecil David Barnhart was tried by jury and was convicted of burglary1 and criminal conspiracy.2 After post trial motions had been denied and sentence imposed, Barnhart appealed on the grounds that (1) the verdict was against the weight of the evidence and (2) that the trial court erred in denying a defense motion for mistrial when a co-conspirator, testifying as a Commonwealth witness, mentioned other burglaries committed earlier during the same evening. We disagree and affirm the judgment of sentence.

*185Roy Paul Warman, an admitted accomplice, testified that on the evening of…