Commonwealth v. Farris

380 A.2d 486 (Pa. 1977)

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Nature of the Case

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Facts

The only issue of substance during trial was identification. The only issue of substance during trial was identification. On October 14, 1975, at about 8:00 p.m., a man burst through the door of Dave's Tavern, brandished a gun, and ordered everyone to 'hit the floor.' The proprietor of the bar identified this man as D. He saw the man's face for 'a matter of seconds.' The man with the gun and another man took money from the cash register and the occupants of the tavern and left. An off-duty police officer saw two men with guns run out and get into a car. The officer identified D as one of the two men. He saw the man for no more than fifteen seconds, during most of which time he saw only the man's back; he saw the man's face for 'I would say three seconds.' The officer got a license number, and he got a full-face view of the driver, whom he later identified as one Gary Moore. At trial, detective Robert Aiken testified about his interrogation of Moore. Aiken was asked if Moore said anything and replied that Moore had made a statement. D objected to the upcoming testimony as hearsay. P claimed it was a statement of fact and not hearsay. The court overruled the objection. Aiken was asked what he did as a result of what Moore told him and he replied; “I arrested D.” The basis of the admission was that the detective was describing the steps in his investigation. D was convicted and appealed.