Commonwealth v. Coleman

326 A.2d 387 (1974)

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Commonwealth v. Coleman

Pennsylvania Supreme Court
326 A.2d 387 (1974)

SC

Facts

Dianne McCarthy called her mother to tell her that her boyfriend, James Coleman (defendant) would not let McCarthy leave her apartment and was going to kill her. Approximately 20 minutes later, McCarthy was found in her apartment stabbed to death. Coleman was charged with murder. Coleman admitted to stabbing McCarthy but claimed that it was self-defense. At trial, the prosecution (plaintiff) sought to introduce the mother’s testimony about McCarthy’s call to her. The mother testified that she could hear Coleman yelling in the background during the call. Coleman argued that the statement was inadmissible as a present sense impression because it constituted McCarthy’s opinion and not a factual event she was observing. The trial court overruled Coleman’s objection and admitted the testimony. Coleman was convicted, and he appealed.

Rule of Law

Issue

Holding and Reasoning (Jones, C.J.)

Concurrence (Pomeroy, J.)

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