COMMONWEALTH OF PA. v. COLEY


466 Pa. 53 (1976)

351 A.2d 617

COMMONWEALTH OF PENNSYLVANIA, Appellant, v. Charles COLEY, Appellee (two cases).

Supreme Court of Pennsylvania.

Decided January 29, 1976.


Attorney(s) appearing for the Case

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., B.H. Levintow, Philadelphia, for appellant.

Andrew G. Gay, Philadelphia, for appellee.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION OF THE COURT

EAGEN, Justice.

Charles Coley was convicted by a jury in Philadelphia of murder in the first degree, attempted robbery and criminal conspiracy. Subsequently, the trial court ordered a new trial. The Commonwealth filed an appeal in this Court from the order granting a new trial as it affected the murder conviction.1 An appeal was filed in the Superior Court from the...

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