COM. v. FALLINGS


251 Pa.Super. 365 (1977)

380 A.2d 822

COMMONWEALTH of Pennsylvania v. Jerry FALLINGS, Appellant.

Superior Court of Pennsylvania.

Decided December 2, 1977.


Attorney(s) appearing for the Case

J. Richard Oare, Jr., Assistant Public Defender, York, for appellant.

Marion E. MacIntyre, Second Assistant District Attorney, and LeRoy S. Zimmerman, District Attorney, Harrisburg, for Commonwealth, appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT, and SPAETH, JJ.


JACOBS, Judge:

This appeal arises from Appellant Jerry Fallings' conviction, in a jury trial, of burglary, and from the denial of post trial motions for a new trial and in arrest of judgment. Appellant asserts that the trial court erred in refusing to grant a motion for continuance made at the time of trial and that his trial counsel was ineffective in that counsel failed to seek compulsory process to secure the attendance of a material witness at trial.

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