dissenting.
I must dissent with the majority’s conclusion that appellant should have been permitted to establish that the defense witness, Geraldine Stetler, had been acquitted on charges arising out of the same incident. The majority states, “.. . we are satisfied that appellant validly sought to introduce evidence of his witness’s acquittal for the limited purpose of removing a ‘cloud’ cast over the witness’s testimony by Commonwealth evidence indicating the witness’s involvement in the alleged crimes.” However, it is a well established principle that in the absence of an attack upon credibility, no sustaining evidence is allowed. McCormick on Evidence, Section 49 (2d ed. 1972).
In this case, the witness, Geraldine Stetler’s credibility was not attacked. In presenting the Commonwealth’s case, *11the prosecutor merely elicited facts pertaining to the shooting of Robert Mendel. Through the recitation of these facts, this witness’s involvement became evident. The fact that her conduct may have reflected unfavorably upon her does not justify treating this evidence as an attack upon her credibility which would warrant the grant of a request to rehabilitate her.