Commonwealth v. Farquharson

388 A.2d 703, 479 Pa. 374, 1978 Pa. LEXIS 737

• Court: Supreme Court of Pennsylvania
• Decided: July 14, 1978
• Docket: Nos. 159 and 168
• Status: Published

Opinions

OPINION

PER CURIAM.

This case was originally before this Court on direct appeal at which time we affirmed appellant’s convictions of murder of the first degree and conspiracy. Commonwealth v. Farquharson, 467 Pa. 50, 354 A.2d 545 (1976). This is an appeal from the Post Conviction Hearing Act court’s denial of appellant’s request for a new trial based on a Commonwealth witness’s recantation testimony. We find no abuse of discretion in the lower court’s refusal to believe the recantation testimony and, therefore, affirm that court’s order denying a new trial.

Order affirmed.

PACKEL, J., did not participate in the decision of this case. MANDERINO, J., filed a dissenting opinion, in which ROBERTS, J., joined.