Commonwealth v. BROWN

Opinion by

Jacobs, J.,

This is an appeal by the Commonwealth from the court en banc’s grant of a new trial to both defendants because a Commonwealth witness at trial referred to their refusal to make a further statement without having an attorney present. For authority, the court relied entirely on our Supreme Court’s decision in Commonwealth v. Haideman, 449 Pa. 367, 296 A.2d 765 (1972). Since no challenge has been made to the Commonwealth’s right to appeal, and a pure question of law is presented, the interpretation of HaAdeman, we will consider the merits of the appeal. See Commonwealth v.…