Commonwealth v. Dale

Dissenting Opinion by

Hoefman, J.:

Appellant was found guilty of aggravated robbery and rape. Post-trial motions nunc pro tunc were filed and denied. This appeal followed.

The issue in this case is whether a new trial should be awarded because the prosecutor allowed a codefendant, Joseph Charles, who appeared for the Commonwealth, to testify falsely that no promises of special consideration had been made to him in exchange for his testimony.

Before considering the implications of this case, it should be noted that this issue was raised by Fred Williams, one of appellant’s codefendants, with…