Commonwealth v. Harkins

Dissenting Opinion by

Hoffman, J.:

Appellant was tried before a jury and convicted of prison breach.1 In this appeal appellant contends that he is entitled to a new trial because (1) the jury was prejudiced against him by a remark of one of the jurors during voir dire, and (2) evidence was admitted which established that appellant had previously escaped from prison.

While conducting the voir dire of prospective jurors, the lower court asked the jury panel whether or not any of them knew the prosecuting witness, Officer Raymond Magensky of the Pennsylvania State Police. Juror No. 6 responded…