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COMMONWEALTH v. ALSTON

234 Pa.Super. 639 (1975)

Commonwealth v. Alston, Appellant.

Superior Court of Pennsylvania.

June 24, 1975.

Attorney(s) appearing for the Case

Robert H. Dickman, and Goldberg & Frankel, for appellant.

Jonathan D. Schiffman, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy 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 HOFFMAN, J., June 24, 1975:

Appellant contends that he did not validly waive his right to trial by jury.

Appellant was convicted on May 3, 1972, by a judge sitting without a jury, of assault and battery, burglary, and larceny. Appellant was sentenced on October 18, 1972, to a term of one to two years' imprisonment on the charge of assault and battery and to four to ten years' imprisonment on the remaining charges. An appeal

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