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Commonwealth v. Presbury

COMMONWEALTH of Pennsylvania v. Alan PRESBURY, Appellant

Commonwealth v. Presbury, 379 A.2d 569 (Pa. 1977)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
October 28, 1977
Docket
No. 272
Judges
Eagen, O'Brien, Roberts, Pomeroy, Manderino, Jones, Former, Nix
Citations
379 A.2d 569475 Pa. 481977 Pa. LEXIS 860
Cited by 6

Opinion — Per Curiam

OPINION OF THE COURT PER CURIAM:

Appellant, Alan Presbury, was convicted by a jury of murder in the first degree and sentenced to life imprisonment. Post-verdict motions were denied and this appeal followed.

*49 Appellant contends (1) that the prosecutor made remarks in his opening statement which were not substantiated by the evidence, (2) that the prosecutor made prejudicial remarks in his closing address to the jury, and (3) that the prosecutor unnecessarily cross-examined the appellant concerning prior inconsistent statements. These issues were not raised in the trial court and have therefore not been preserved for appellate review.

Commonwealth v. Clair, 458 Pa. 418 , 326 A.2d 272 (1974); Rule 1119 Pa.R.Cr.P.

Appellant also contends that the prosecutor improperly was permitted to cross-examine an alibi witness about that witness’ refusal to be interviewed by the prosecutor. We have examined this issue and find it to be without merit.

Judgment affirmed.

JONES, Former C. J., and NIX, J., did not participate in the consideration or decision of this case.

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No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1980: 31983: 11984: 219802026peak 1980 · 3

Relies on it most ⓘ

  1. Commonwealth v. Harley418 A.2d 1354 (Pa. Super. Ct. 1980)
  2. Sheppard v. Old Heritage Mutual Insurance425 A.2d 304 (Pa. 1980)
  3. Commonwealth v. Fuller485 A.2d 1197 (Pa. 1984)
  4. Commonwealth v. Presbury478 A.2d 21 (Pa. 1984)
  5. Commonwealth v. Presbury467 A.2d 898 (Pa. Super. Ct. 1983)
  6. Wagner v. National Indemnity Co.422 A.2d 1061 (Pa. 1980)

Most recent

  1. Commonwealth v. Fuller485 A.2d 1197 (Pa. 1984)
  2. Commonwealth v. Presbury478 A.2d 21 (Pa. 1984)
  3. Commonwealth v. Presbury467 A.2d 898 (Pa. Super. Ct. 1983)
  4. Wagner v. National Indemnity Co.422 A.2d 1061 (Pa. 1980)
  5. Sheppard v. Old Heritage Mutual Insurance425 A.2d 304 (Pa. 1980)
  6. Commonwealth v. Harley418 A.2d 1354 (Pa. Super. Ct. 1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Commonwealth v. Clair, 326 A.2d 272 (Pa. 1974) 521

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