Commonwealth v. Vallone

Dissenting Opinion by

Me. Chief Justice Maxey:

I dissent from the majority opinion and would affirm the well fortified opinion of the Superior Court. This defendant may have been, as the majority opinion concludes, “guilty of the repulsive crime with which he was charged”, hut whether he was or uot has nothing whatever to do with the question now before us. We said in ordering a new trial in the case of Com. v. Petrillo, 338 Pa. 65, 97 (12 A. 2d 317) : “We are not holding that there was not sufficient competent evidence offered to warrant a conviction, but we are holding that there was such an…