Com. v. Vogel
| Decision Date | 01 July 1974 |
| Citation | 458 Pa. 200,321 A.2d 633 |
| Parties | COMMONWEALTH of Pennsylvania, Appellant, v. Dennis M. VOGEL. |
| Court | Pennsylvania Supreme Court |
Allan W. Lugg, Lugg & Snowiss, Lock Haven, for appellant.
J. Michael Williamson, Public Defender, Lock Haven, for appellee.
Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.
This is an appeal by the Commonwealth from the trial court's order granting defendant's motion for a new trial following a jury verdict of guilty of murder in the second degree. The new trial was granted on the ground that the verdict was against the weight of the evidence as to the sanity of the defendant at the time of commission of the acts in question.
This case was before us on a prior appeal, Commonwealth v. Vogel, 40 Pa. 1, 268 A.2d 89 (1970). Since our decision in that case, we have had occasion to consider the sufficiency of the evidence when the defense is that of insanity, Commonwealth v. Demmitt, Pa., 321 A.2d 627 (1974) and have also had occasion to reconsider the similar problems presented when the defense of intoxication is raised. Commonwealth v. Rose, Pa., 321 A.2d 880 (1974). While we are of the opinion that there was no abuse of discretion by the trial court in granting a new trial for the reasons stated in its opinion, our affirmance of the order should be considered in light of our decisions in Demmitt and Rose, supra.
Order affirmed.
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Com. v. Vogel
...assuming arguendo the applicability of Burks v. U.S., supra. See note 3, supra. The decision of this Court in Commonwealth v. Vogel, (Vogel II), 458 Pa. 200, 321 A.2d 633 (1974), also fails to support the position urged. At the second trial appellant was again convicted of all of the charge......
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Vogel v. Com. of Pa.
...motion for a new trial, finding the verdict against the weight of the evidence. The Supreme Court affirmed, Commonwealth v. Vogel, 458 Pa. 200, 321 A.2d 633 (1974) [Vogel II ]. Appellant's third trial resulted in a conviction which was affirmed by the Pennsylvania Supreme Court. Commonwealt......
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Com. v. Nelson
...be the case where the quality and/or quantity of the evidence clearly does not support the verdict reached. See Commonwealth v. Vogel, 458 Pa. 200, 321 A.2d 633 (1974). Clearly such a situation is not presented in this The appellant next raises as a ground for a new trial the fact that the ......
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Com. v. Loccisano
...388, 321 A.2d at 884, Quoting McCormick, Evidence § 341 at 802 (2d ed. 1972). Accord, Commonwealth v. Graves, supra; Commonwealth v. Vogel, 458 Pa. 200, 321 A.2d 633 (1974); Commonwealth v. Demmitt, supra. See also, Commonwealth v. Dixon, 235 Pa.Super. 415, 341 A.2d 147 (1975). 9 The requir......