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COMMONWEALTH v. DAVIS

222 Pa.Super. 434 (1972)

Commonwealth v. Davis, Appellant.

Superior Court of Pennsylvania.

September 26, 1972.

Attorney(s) appearing for the Case

Michael L. Levy and Francis S. Wright, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.

Milton M. Stein, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.

OPINION PER CURIAM, September 26, 1972:

Judgment of sentence affirmed.

DISSENTING OPINION BY PACKEL, J.:

The constitutional right to effective assistance of counsel at a trial to determine guilt is denied if the defendant's attorney admits guilt. The conduct of counsel for the appellant constituted such an admission.

Defense counsel stipulated during trial that were the complainant present...

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