235 Pa. Super. 62 | Pa. Super. Ct. | 1975
Opinion by
Appellant was convicted by a jury of rape, assault and battery, and assault and battery with intent to ravish. Post-verdict motions were argued and denied and appellant was sentenced. Appellant now contends that it was reversible error for the trial court to permit reference at trial to a series of photographs that were shown to the victim for the purpose of identification of her assailant, on the ground that the jury could have inferred from the reference to photographs that appellant had engaged in prior criminal activity. Appellant bases his claim on Commonwealth v. Allen, 448 Pa. 177, 181 (1972), which held “that after the reference to a photograph the controlling question is whether or not a juror could reasonably infer from the facts presented that the accused had engaged in prior criminal activity.” It has been clearly held that when photographs are referred to as “mug shots” or “photographs from police files” an adverse inference by the jury is probable and reversal is therefore necessary. See Commonwealth v. Turner, 454 Pa. 439 (1973); Commonwealth v. Groce, 452 Pa. 15 (1973) ; Commonwealth v. Allen, supra; and Commonwealth v, DeMarco, 225 Pa. Superior Ct. 130 (1973). On the other hand, there have also been a number of cases in which it was held that the circumstances were such that there was no danger that the jury would reasonably conclude that the appellant had engaged in prior criminal activity on the basis of reference to the photographs and therefore reversal was not necessary. See Commonwealth v. Craft, 455 Pa. 616 (1974); Commonwealth v. Smith, 454
Order affirmed.