COMMONWEALTH v. CAREY


235 Pa.Super. 366 (1975)

Commonwealth v. Carey, Appellant.

Superior Court of Pennsylvania.

June 24, 1975.


Attorney(s) appearing for the Case

Barnett S. Lotstein, with him Seidman and Lotstein, for appellant.

Mark Sendrow, Assistant District Attorney, with him Larry D. Feldman and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY SPAETH, J., June 24, 1975:

Appellant contends that he did not voluntarily waive his right to a jury trial, and that he is therefore entitled to a new trial.

Appellant and a co-defendant were charged with burglary with intent to commit a felony, unlawfully resisting arrest, and assault and battery. The assistant district attorney agreed with appellant's counsel that he would recommend probation if appellant would plead guilty, and appellant on the...

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