Commonwealth ex rel. Berkery v. Myers

Opinion by

Mr. Justice Roberts,

Appellant John Berbery was tried jointly with Ralph Staino for a 1959 burglary; appellant received a sentence of 5 to 12 years while Staino was sentenced to a term of 4 to 9 years. A third individual allegedly involved in the robbery, Robert Poulson, was arrested, interrogated and his statement reduced to writing. Poulson’s statement implicated both Berbery and Staino. When shown this statement, Staino made no reply (the statement was not shown to Berbery) ; however, Poulson’s confession was admitted at the Berbery-Staino trial under the tacit admission doctrine,…