Opinion
Argued December 14, 1989.
Decided March 26, 1990.
Appeal No. 51 E.D. Appeal Dkt. 1989 from Order of Superior Court, 1373 Pa. Super. 90, 540 A.2d 537 (1988), entered March 1, 1988, at Nos. 318 and 777 Philadelphia 1987, Reversing Order of Court of Common Pleas of Delaware County, Criminal Division, entered January 16, 1987, at Nos. 1584 and 2369 of 1983.
John G. McDougall, Philadelphia, for appellant.
Dennis McAndrews, Asst. Dist. Atty., for appellee.
Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.
ORDER
Order affirmed.
NIX, C.J., files a dissenting opinion.
Evidence of an admission by an alleged co-conspirator of his commission of the specific crime for which a defendant is charged is not merely cumulative of a general defense theory implicating the co-conspirator in other similar crimes. See Commonwealth v. Tervalon, 463 Pa. 581, 345 A.2d 671 (1975). The after-discovered evidence here would be likely to change the result of this case in light of the conflicting evidence presented at trial. I, therefore, dissent.