Opinion
Argued October 25, 1985.
Decided March 31, 1986.
Appeal No. 17 Eastern Dist. Appeal Docket, 1985 from Judgment of Superior Court, 334 Pa. Super. 203, 482 A.2d 1294 (1984), Dated October 12, 1984 at No. 744 Philadelphia, 1980 Affirming Judgment of Sentence of Philadelphia Court of Common Pleas, Criminal Division, Dated March 18, 1980, at Nos. 757, 759, 761, 762, June Session, 1979; Phyllis W. Beck, Judge.
John W. Packel, Chief/Appeals Div., Asst. Public Defender, Jules Epstein, Philadelphia, for appellant.
Robert B. Lawler, Chief/Appeals Div., Eric B. Henson, Jane Cutler Greenspan, Asst. Dist. Attys., for appellee.
Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.
ORDER
Appeal dismissed as having been improvidently granted.
ZAPPALA, J., files a dissenting statement.
Not only would I reach the merits of this appeal, but I would reverse the Appellant's conviction and grant him a new trial. It is clear from the record that the trial judge exceeded his proper duty by his extensive interrogation of the Appellant. Commonwealth v. Myma, 278 Pa. 505, 123 A. 486 (1924). See Commonwealth v. Britton, 334 Pa. Super. 203, 222, 482 A.2d 1294, 1304 (1984) (dissenting opinion of Spaeth, P.J.).