Opinion
Argued September 11, 1974.
October 31, 1974.
Indictment charging defendant with armed robbery. Before CAMPBELL, P.J., without a jury. Appeal, No. 731, Oct. T., 1974, from judgment of sentence of Court of Common Pleas of Centre County, No. 340 of 1973. Argued September 11, 1974.
Benjamin Novak, Assistant Public Defender, with him James E. Coleman, for appellant; C. Kent Price, Assistant District Attorney, submitted a brief for Commonwealth, appellee.
In this appeal involving a robbery conviction, the colloquy covering appellant's alleged waiver of a jury trial was not recorded, and the record in its entirety will not sustain a finding of a knowing and intelligent waiver of such right. Commonwealth v. Williams, 454 Pa. 368, 312 A.2d 597 (1973); Commonwealth v. Lockhart, 227 Pa. Super. 503, 322 A.2d 707 (1974).
Judgment of sentence reversed and new trial granted.