Commonwealth v. Searles
Decision Date | 16 March 1973 |
Citation | 302 A.2d 335,450 Pa. 384 |
Parties | COMMONWEALTH of Pennsylvania v. George G. SEARLES, Jr., Appellant. |
Court | Pennsylvania Supreme Court |
Malcolm H. Waldron, Jr., Barry J. Goldstein Philadelphia, for appellant.
Arlen Specter, Dist. Atty., Richard A. Sprague, 1st Asst. Dist Atty., James D. Crawford, Deputy Dist. Atty., Milton M Stein, Asst. Dist. Atty., Chief, Appeals Div., Bonnie B Leadbetter, Philadelphia, for appellee.
Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.
Appellant was sentenced on September 14, 1971, upon a conviction of a charge of assault with intent to rob, to a two to ten year term. The judgment of sentence was affirmed by the Superior Court on February 10, 1972, 221 Pa.Super. 719, 288 A.2d 546. We granted appellant's petition for the allowance of an appeal to our Court because of our concern with the effects which Pennsylvania Rule of Criminal Procedure 312, 19 P.S. Appendix, the alibi-notice rule, had on his trial. His defense to the charge was one of alibi, the contention being that he was in a bar, Richard's Lounge, during the time the robbery was committed. Defense counsel gave the notice required under Rule 312 of his intention to assert the defense, but named as witnesses only appellant and one Dorothy McMillan. The witness, McMillan, was asked on cross-examination whether any others were present in the bar at the same time. She named a Mr. Lawton and a Mr. Monroe. When appellant was on the stand, he was asked: 'Thinking back, can you think of anyone who can come into court and say they remember you being in the bar until quarter of 12:00?'
The defense objected and the following discussion took place at the side bar conference:
'THE COURT: What is the basis of your objection?
'MR. McNEAL (defense attorney): I had planned to bring in several alibi witnesses.
'THE COURT: Had you notified the District Attorney?
'MR. McNEAL: He has objected to the alibi witnesses because I didn't meet the five day rule.
When cross-examination of the defendant was resumed, the following took place:
'MR. McNEAL: Objection, Your Honor.
'THE COURT: Overruled.
'
'
Appellant argues that this cross-examination undertaken by the district attorney violates Rule 312(d), which states:
.'
In his opinion, the trial judge concludes that there was no error because the cross-examination was for purposes of impeaching credibility, not creating an adverse inference. We do not find such semantics persuasive, since an inference that one's testimony is not to be believed must surely be considered 'adverse.'
The Commonwealth argues that Rule 312(d) was not violated because there was no showing that the witnesses were 'available' and appellant made no...
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Com. v. Searles
...302 A.2d 335 450 Pa. 384 COMMONWEALTH of Pennsylvania v. George G. SEARLES, Jr., Appellant. Supreme Court of Pennsylvania. March 16, 1973. [450 Pa. 385] Malcolm H. Waldron, Jr., Barry J. Goldstein, Philadelphia, for appellant. Arlen Specter, Dist. Atty., Richard A. Sprague, 1st Asst. Dist. ......