Commonwealth v. Goins

Concurring Opinion by

Mr. Justice Roberts:

In my view, a trial judge’s expression of his opinion of the degree of an accused’s guilt usurps the function of the jury. I would hold that this sort of expression of opinion by a trial judge denies the accused his right to trial by an impartial jury. See Commonwealth v. Ewell, 456 Pa. 589, 600, 319 A.2d 153, 158 (1974) (concurring opinion of this writer, joined by Manderino, J.); Commonwealth v. Archambault, 448 Pa. 90, 290 A.2d 72 (1972); Commonwealth v. Motley, 448 Pa. 110, 289 A.2d 724 (1972); ABA Project on Standards for Criminal Justice, Standards Relating to the Function of the Trial Judge §5.6(a) (Approved Draft, 1972).

I concur in the result.

Mr. Justice Manderino joins in this concurring opinion.