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Commonwealth v. Byrd

Superior Court of Pennsylvania
Jul 12, 1978
391 A.2d 677 (Pa. Super. Ct. 1978)

Opinion

Submitted September 12, 1977.

July 12, 1978.

Indictments charging defendant with robbery, criminal conspiracy and possessing instruments of crime. Before HALBERT, J., without a jury. Finding of guilty and judgment of sentence entered. Defendant appealed. Appeal, No. 520, Oct. T., 1977, from Court of Common Pleas, Trial Division, of Philadelphia, May T., 1976, No. 248. Submitted September 12, 1977.

Kenneth Mirsky, Assistant Defender, and Benjamin Lerner, Defender, for appellant; Charles A. Klein, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.


Judgment of sentence affirmed.

HOFFMAN, J., would remand for an evidentiary hearing on counsel's alleged ineffectiveness pursuant to Commonwealth v. Twiggs, 460 Pa. 105, 331 A.2d 440 (1975). See also, Commonwealth v. Aaron, 255 Pa. Super. 289, 386 A.2d 1006 (1978) (Dissenting Opinion by HOFFMAN, J.).

WATKINS, former P.J., did not participate in the consideration or decision of this case.


Summaries of

Commonwealth v. Byrd

Superior Court of Pennsylvania
Jul 12, 1978
391 A.2d 677 (Pa. Super. Ct. 1978)
Case details for

Commonwealth v. Byrd

Case Details

Full title:Commonwealth v. Byrd, Appellant

Court:Superior Court of Pennsylvania

Date published: Jul 12, 1978

Citations

391 A.2d 677 (Pa. Super. Ct. 1978)
391 A.2d 677