COMMONWEALTH v. ROSARIO


198 Pa.Super. 177 (1962)

Commonwealth v. Rosario, Appellant.

Superior Court of Pennsylvania.

June 13, 1962.


Attorney(s) appearing for the Case

John E. Backenstoe, for appellant.

Wilbur C. Creveling, Jr., Assistant District Attorney, with him George J. Joseph, District Attorney, for Commonwealth, appellee.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.


OPINION BY FLOOD, J., June 13, 1962:

Following a verdict of guilty on the charge of incest and rape, the defendant asked for a new trial upon the ground that the right of peremptory challenge was effectively denied him by certain misstatements of two jurors upon their voir dire.

The morning after the jury had returned its verdict, the defendant's counsel made a statement to the court that he had questioned the prospective jurors as to whether they were related...

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