COMMONWEALTH v. HAYWARD


437 Pa. 215 (1970)

Commonwealth v. Hayward, Appellant.

Supreme Court of Pennsylvania.

March 20, 1970.


Attorney(s) appearing for the Case

Donald H. Lipson, Assistant Public Defender, for appellant.

W.F. Steigerwalt, Assistant District Attorney, with him George J. Joseph, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.


OPINION BY MR. JUSTICE O'BRIEN, March 20, 1970:

Appellant, after jury trial, was convicted of armed robbery. His post-trial motions for new trial and in arrest of judgment were denied, and he was sentenced to a term of not less than three nor more than seven years in prison. His appeal to the Superior Court resulted in a unanimous per curiam affirmance of the judgment of sentence, and we allowed an appeal.

At trial, petitioner's defense was based on alibi...

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