Commonwealth v. Correa

402 A.2d 1011, 485 Pa. 376, 1979 Pa. LEXIS 614

• Court: Supreme Court of Pennsylvania
• Decided: July 5, 1979
• Docket: 327
• Status: Published

Opinions

OPINION OF THE COURT

PER CURIAM:

Appellant, Raul Correa, is appealing his conviction by a jury of voluntary manslaughter resulting in a sentence of incarceration not less than five nor more than ten years.

Appellant raises the following issues:

(1) the trial court erred by refusing to allow appellant to be tried by a judge;

(2) the trial court erred in denying a motion for mistrial once it was learned that the police misled appellant concerning the existence of certain photographs;

(3) the trial court erred in sustaining an objection which restricted appellant’s cross-examination of the police officer concerning the conduct of the victim and persons depicted in the aforementioned pictures;

(4) the trial court erred by charging on the McNaughten Rule;

(5) the district attorney’s closing remarks concerning defense tactics were improper;

(6) the district attorney improperly suggested appellant failed to call his brother as a witness; and

(7) the motions court erred in failing to grant a hearing concerning appellant’s challenge to the composition of the grand and petit juries.

We have examined the first six issues and find them to be without merit. The seventh issue was not properly preserved in the trial court.

Judgment of sentence affirmed.

MANDERINO, J., filed a dissenting opinion.