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COM. v. McCRACKEN

Supreme Court of Pennsylvania.
Mar 26, 1990
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ORDER

PER CURIAM:

Order affirmed.

NIX, C.J., files a dissenting opinion.

NIX, Chief Justice, dissenting.

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.