Cunningham v. Commonwealth
Annotate this CaseAppellant was convicted of theft by unlawful taking of property worth more than ten thousand dollars, second degree burglary, third degree burglary, and being a persistent felony offender in the second degree. The trial court sentenced Appellant to an aggregate sentence of twenty years in prison. Appellant appealed, raising four allegations of error. The Supreme Court reversed Appellant’s convictions, holding that the trial court erred in allowing the prosecutor to impeach Appellant with his failure to disclose his alibi and his alibi witness to the police or prosecuting authorities prior to trial, and the error required reversal. Remanded for a new trial.
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