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Com. v. Drake

Supreme Court of Pennsylvania
Mar 23, 1978
383 A.2d 857 (Pa. 1978)

Opinion

Argued January 11, 1977.

Decided March 23, 1978.

Appeal from the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, September Term, 1974, No. 1810, Samuel Smith J.

Stanley P. Stern, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Abraham J. Gafni, Deputy Dist. Atty., for appellee.

Before EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION


Appellant, who was charged under a murder indictment for the August 25, 1974 slaying of Francis Coleman, was tried by a jury and found guilty of murder of the third degree. Following the lower court's denial, en banc, of appellant's motion for new trial and arrest of judgment, appellant was sentenced to not less than ten nor more than twenty years imprisonment.

In this direct appeal, appellant raises the following issues: That the trial judge erred by unduly restricting defense counsel's cross-examination of two Commonwealth witnesses as to their racial bias; that the trial judge erred by unduly restricting defense counsel's cross-examination of one Commonwealth witness as to the witness's motive to cooperate with the prosecution; that the trial judge erred in refusing to strike a portion of one Commonwealth witness's testimonial reference to appellant's prior possession of firearms; that appellant's conviction was obtained by the use of false testimony. We have considered these arguments and find them to be without merit.

Judgment of sentence affirmed.

JONES, former C. J., did not participate in the decision or consideration of this case.


Summaries of

Com. v. Drake

Supreme Court of Pennsylvania
Mar 23, 1978
383 A.2d 857 (Pa. 1978)
Case details for

Com. v. Drake

Case Details

Full title:COMMONWEALTH of Pennsylvania v. George DRAKE, Appellant

Court:Supreme Court of Pennsylvania

Date published: Mar 23, 1978

Citations

383 A.2d 857 (Pa. 1978)
383 A.2d 857