407 A.2d 1308 | Pa. Super. Ct. | 1979
Lead Opinion
Appeal is taken from judgment of sentence rendered following jury trial and verdict of guilty to numerous charges including aggravated assault and criminal conspiracy, crimes for which prison sentences were imposed, sentences suspended otherwise.
Pertinent facts are that during the court’s charge to the jury, the victim, a witness for the Commonwealth, was suddenly taken ill and was removed from the courtroom for
Members of the jury, I presume you’re all physically able to go on with this trial, but I want to pose this question to you: In view of this unfortunate incident, is there anybody on this jury that feels that he or she can’t render an impartial verdict? Nobody answers, so I presume you’re all saying that you can render an impartial verdict in this case.
Mistrial was refused, and the charge continued.
Appellants ground their argument upon the allegation that the courtroom disturbance had a prejudicial effect upon the jury. The injuries sustained at the hands of appellants were said to be a skull fracture resulting in confusion and the need for psychiatric treatment. Appellants claim that there was an inference that the witness-victim’s sudden collapse was caused by these injuries. At the least, to avoid prejudice, appellants now argue that the lower court should have questioned each juror instead of questioning them as a body.
We disagree. There is nothing in the record to indicate support for the proposition that the victim’s injuries, however serious, caused his collapse. Further we rely upon the lower court’s faith in the truthfulness and reasonableness of the jurors in responding to the court’s question, asked of them as a body. It is within the discretion of the trial judge as to the propriety of granting a mistrial. Com
Affirmed.
. At trial our appellants, all represented by one counsel, were tried with a fourth defendant, represented by different counsel.
Dissenting Opinion
dissenting:
In this case the victim collapsed in the middle of the charge when the trial judge was describing the testimony concerning the aggravated assault; there were screams, shouts, and other types of commotion among the trial spectators; and one of the jurors became visibly upset and was treated by a doctor. The trial judge denied appellants’ motion for a mistrial and their request for a cautionary instruction. The judge also denied appellants’ request that each juror be questioned individually as to his or her ability to remain impartial; the judge explained this ruling by saying that he feared that the jurors would attempt to get out of deciding this difficult case by lying and saying that they were adversely affected. N.T. 559-61. The judge then only questioned the jurors as a group, and upon receiving no response indicating prejudice, he assumed that they could act impartially.
In deciding only to question the jurors as a group, the judge stated that “we have to trust jurors.” N.T. 563. This statement appears inconsistent with the judge’s belief that individually questioned jurors would tell lies to get out of deciding a difficult case. Putting this inconsistency aside,
I should therefore reverse and remand for a new trial.