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Commonwealth v. McCracken
572 A.2d 2
Pa.
1990
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COMMONWEALTH of Pennsylvania v. Terrence McCRACKEN, Jr., Appellant.

Supreme Court of Pennsylvania.

Argued Dec. 14, 1989. Decided March 26, 1990.

572 A.2d 2

John G. McDougall, Philadelphia, for appellant.

Dennis McAndrews, Asst. Dist. Atty., for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

ORDER

PER CURIAM:

Order affirmed.

NIX, C.J., files a dissenting opinion.

NIX, Chief Justice, dissenting.

Evidence of an admission by an alleged co-conspirator of his commission of the specific crime for which a defendant is charged is not merely cumulative of a general defense theory implicating the co-conspirator in other similar crimes. See

Commonwealth v. Tervalon, 463 Pa. 581, 345 A.2d 671 (1975). The after-discovered evidence here would be likely to change the result of this case in light of the conflicting evidence presented at trial. I, therefore, dissent.

Case Details

Case Name: Commonwealth v. McCracken
Court Name: Supreme Court of Pennsylvania
Date Published: Mar 26, 1990
Citation: 572 A.2d 2
Docket Number: Appeal 51 E.D. Appeal Dkt.1989
Court Abbreviation: Pa.
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