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443 Pa. 412

Commonwealth v. Knudsen

Supreme Court of Pennsylvania

Decided June 28, 1971

Supreme Court of Pennsylvania · decided 1971-06-28

Good law ✅— No negative treatment on recordhow we know

Decided 1971-06-28

How this case has been cited

Cited by 39 later decisions — most recently December 2016 · most notably Commonwealth v. Story (1978), Commonwealth v. Stafford (1973)

39 state decisions

29019711980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Dissenting Opinion by

Mr. Justice Roberts:

¶2During the course of the Commonwealth’s case in chief, one of the Commonwealth’s witnesses, Elmer *417Troup, testified that he did not know whether appellant had cocked his gun before proceeding in the victim’s direction. The prosecuting attorney pleaded surprise, and the trial court permitted him to cross-examine Troup and to read in the jury’s presence Troup’s prior written statement indicating that he had seen appellant cock his weapon.

¶3The majority dismisses this concededly erroneous procedure on the theory that the gun cocking question was relevant only to the issue of deliberateness and that the jury in finding appellant guilty of voluntary manslaughter must of necessity have harbored at least a reasonable doubt that appellant had shot the victim with deliberateness.

¶4The fact remains, however, that Troup’s prior written statement that appellant had cocked his gun prior to the shooting indicated to the jury that appellant was a culpable and blameworthy individual notwithstanding the technical irrelevance of this bit of evidence to the manslaughter charge. For this reason I cannot share the majority’s confidence that the reading of Troup’s statement in the presence of the jury was harmless error.

¶5Accordingly, I dissent.

Mr. Justice Eagbn joins in this dissent.
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