Commonwealth v. Johnson

Opinion by

Mr. Justice O’Brien,

Appellant was found guilty by a jury of burglary and larceny and subsequent to denial of his new trial motions he was sentenced to five years’ probation. An appeal to the Superior Court resulted in an affirmance of the judgment of sentence by an equally divided court with Judge Spaulding filing a dissenting opinion in which Judges Montgomery and Hoffman joined. Commonwealth v. Johnson, 216 Pa. Superior Ct. 245, 263 A. 2d 784 (1970). We granted allocatur.

The question at issue relates to references being made to a lie detector test. At trial, one Kobert Miles, who…