Commonwealth v. Davenport

Opinion by

Mr. Justice Pomeroy,

Appellant, Herman Miller Davenport, was convicted by a jury of murder in the first degree for the killing of Milton Hawkins on January 11, 1970. Sentence of life imprisonment was imposed, and appellant brought the instant appeal. For reasons which follow, we reverse and remand for a new trial.

I

At the end of the second day of trial, the Commonwealth called to the stand appellant’s co-felon, William Clifford Bartlett. In response to defense counsel’s request for an offer of proof, a side-bar conference was held. The district attorney informed the court that…