Commonwealth v. Holden

390 Pa. 221 (1957)

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Nature of the Case

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Facts

Holden (D) was convicted of murdering Smith. Jones was with D on the night of the murder, and the prosecution (P) presented his testimony at trial. Jones testified that D had winked at him when police were questioning him. Jones stated that he did not know why D had winked at him, or so he said at trial. The prosecutor produced a prior statement by Jones claiming that he thought D had been trying to get him to make an alibi. D was convicted, and he appealed. His appeal was denied. However, the majority never reached the particular issue presented below by the dissent.