Commonwealth v. Giles

Supreme Court of Pennsylvania

Commonwealth v. Giles

336 A.2d 315, 461 Pa. 341, 1975 Pa. LEXIS 776

CourtSupreme Court of Pennsylvania

DecidedApril 17, 1975

DocketNo. 20

StatusPublished

This text of 336 A.2d 315 (Commonwealth v. Giles) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Giles, 336 A.2d 315, 461 Pa. 341, 1975 Pa. LEXIS 776 (Pa. 1975).

Pincite

Opinion

OPINION OF THE COURT

PER CURIAM.

In this direct appeal the only issue raised is that the lower court erred in having the jury “consider their verdict in the courtroom rather than in the sanctity of the jury room.” However, the trial record of the ver[343]*343diet proceedings shows that the defect in the verdict, which the court requested the jury to reconsider and correct, was purely a matter of form. Being sufficient in substance, it was proper for the trial court to direct the jury how it may be amended. Commonwealth v. Komatowski, 347 Pa. 445, 455, 32 A.2d 905, 906 (1943). See also, Commonwealth v. Dzuonick, 450 Pa. 98, 102, 297 A.2d 912, 914 (1972). Since all the jurors agreed that they intended to render a verdict of guilty of voluntary manslaughter, it was unnecessary for the jury to return to the jury room to make the necessary mechanical correction. Commonwealth v. Johnson, 369 Pa. 120, 122, 85 A.2d 171, 172 (1952).

Judgment of sentence affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION OF THE COURT

PER CURIAM.

In this direct appeal the only issue raised is that the lower court erred in having the jury “consider their verdict in the courtroom rather than in the sanctity of the jury room.” However, the trial record of the ver[343]*343diet proceedings shows that the defect in the verdict, which the court requested the jury to reconsider and correct, was purely a matter of form. Being sufficient in substance, it was proper for the trial court to direct the jury how it may be amended. Commonwealth v. Komatowski, 347 Pa. 445, 455, 32 A.2d 905, 906 (1943). See also, Commonwealth v. Dzuonick, 450 Pa. 98, 102, 297 A.2d 912, 914 (1972). Since all the jurors agreed that they intended to render a verdict of guilty of voluntary manslaughter, it was unnecessary for the jury to return to the jury room to make the necessary mechanical correction. Commonwealth v. Johnson, 369 Pa. 120, 122, 85 A.2d 171, 172 (1952).

Judgment of sentence affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

336 A.2d 315, 461 Pa. 341, 1975 Pa. LEXIS 776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-giles-pa-1975.

Opinion

Related

Cite This Page — Counsel Stack