The Superior Court additionally found that the trial court erred for failing to indicate immediately to the jury that any references to prior bad acts could not be used as evidence of guilt. However, the Superior Court overlooks the fact that no evidence of prior bad acts was actually admitted. Rather, the prosecutor merely questioned appellee, and appellee denied making any threats. Accordingly, no such instruction was necessary. For the aforementioned reasons, we reverse the decision of the Superior Court which reversed appellee's convictions.
Jurisdiction is relinquished.
Mr. Justice Saylor concurs in the result. Mr. Justice Zappala dissents. 1 Three of the co-conspirators pleaded guilty to various offenses and the fourth was prosecuted in juvenile court. The Superior Court panel was divided. Judge Popovich drafted the opinion, to which Judge McEwen concurred in the result and Judge Olszewski noted his dissent.