Commonwealth v. Myers

609 A.2d 162, 530 Pa. 396, 1992 Pa. LEXIS 315
Supreme Court of Pennsylvania·Decided May 22, 1992·No. 4 W.D. Appeal Docket 1991·Published·Cited by 25 cases

Opinions

OPINION OF THE COURT

FLAHERTY, Justice.

In 1988, in a trial by jury in the Court of Common Pleas of Westmoreland County, the appellant, Robert Kim Myers, was convicted of murder in the first degree. A sentence of life imprisonment was imposed. An appeal was taken to the Superior Court, 400 Pa.Super. 621, 576 A.2d 1136, and, in a memorandum decision, the judgment of sentence was affirmed. The present appeal, by allowance, ensued. We reverse.

Appellant was charged with the murder of his wife. At issue in this appeal is the admissibility of certain out-of-court declarations made by appellant’s wife a number of months before her death. The declarations related to physical abuse inflicted upon her by appellant. The factual background of the case is as follows.

[398]*398On April 4, 1988, appellant summoned an ambulance for his estranged wife, whom he said was injured and lying on the porch of his house. Police arrived at the scene and found that appellant’s wife was dead. She had been murdered, a victim of multiple stab wounds. A knife was discovered beside her body. Police found appellant locked inside the house, slumped over on a couch. He had suffered several stab wounds. Investigators determined that appellant’s wounds were self-inflicted. Appellant was arrested and charged with murder.

Prior to trial, appellant filed a motion in limine to preclude the admission of certain evidence, including that which is here at issue. The motion was denied.

The issue presented is whether the trial court erred in allowing one of the Commonwealth’s witnesses, Margaret Culp, to testify that a number of months prior to the murder the victim told her that appellant had beaten her. Appellant contends that this testimony constituted inadmissible hearsay. We agree.

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

Commonwealth v. Myers, 609 A.2d 162, 530 Pa. 396, 1992 Pa. LEXIS 315 (Pa. 1992).

609 A.2d 162 (Commonwealth v. Myers) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Com. v. Barksdale, D.
Superior Court of Pennsylvania, 2018
Commonwealth v. Lawrence
165 A.3d 34 (Superior Court of Pennsylvania, 2017)
Com. v. Yale, E.
Superior Court of Pennsylvania, 2014
Commonwealth v. King
959 A.2d 405 (Superior Court of Pennsylvania, 2008)
Commonwealth v. Cooper
941 A.2d 655 (Supreme Court of Pennsylvania, 2007)
Commonwealth v. Cuevas
832 A.2d 388 (Supreme Court of Pennsylvania, 2003)
Commonwealth v. Paddy
800 A.2d 294 (Supreme Court of Pennsylvania, 2002)
Commonwealth v. Stallworth
781 A.2d 110 (Supreme Court of Pennsylvania, 2001)
Commonwealth v. Lilliock
740 A.2d 237 (Superior Court of Pennsylvania, 1999)
Commonwealth v. Byrne
693 A.2d 201 (Supreme Court of Pennsylvania, 1997)
Commonwealth v. Auker
681 A.2d 1305 (Supreme Court of Pennsylvania, 1996)
Commonwealth v. Sneeringer
668 A.2d 1167 (Superior Court of Pennsylvania, 1995)
Dolenc v. Love
Third Circuit, 1994
John E. Dolenc, Jr. v. Warden William Love
40 F.3d 656 (Third Circuit, 1994)
Commonwealth v. Derby
27 Pa. D. & C.4th 121 (York County Court of Common Pleas, 1994)
Commonwealth v. Myers
609 A.2d 162 (Supreme Court of Pennsylvania, 1992)