Commonwealth v. Sullens

OPINION OF THE COURT

FLAHERTY, Justice.

The only issue in this appeal is whether the Superior Court erred in granting a new trial due to appellee’s trial in absentia in the court of common pleas. We hold that the trial was *101properly held in appellee’s absence and therefore reverse the order of the Superior Court.

While in custody in Erie awaiting trial on charges unrelated to this appeal, appellee Dominick W. Sullens learned that his brother had died in an automobile accident. He requested permission to attend the funeral in another city, but did not return to custody following the funeral;…