Commonwealth v. Meredith

KAUFFMAN, Justice,

dissenting.

It is probable that evidence of the acquittal of defense witness Geraldine Stetler would have created the impression before the jury that the defendant was equally innocent, and the majority recognizes that admission of such evidence generally would be improper. See Commonwealth v. Amato, 449 Pa. 592, 297 A.2d 462 (1972). I agree with the courts below that evidence of whether Geraldine Stetler was charged in connection with this episode and, if so, whether she was acquitted is not relevant to resolution of appellant’s guilt or innocence. Since the prejudice resulting from admission of such evidence, even for a limited purpose, would be overwhelming and not in the interest of truth-seeking and justice, it was appropriately excluded. Accordingly, I would affirm the Judgment of Sentence.