COM. v. TONEY


261 Pa.Super. 269 (1978)

396 A.2d 392

COMMONWEALTH of Pennsylvania v. Harvey Lee TONEY, Appellant.

Superior Court of Pennsylvania.

Decided December 22, 1978.


Attorney(s) appearing for the Case

F. Emmet Ciccone, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

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


VAN der VOORT, Judge:

Appeal is taken from a lower court Order denying relief asked in defendant's petition filed pursuant to the Post Conviction Hearing Act (P.C.H.A.). Act of 1966, Jan. 25, P.L. (1965) 1580, 19 P.S. § 1180-1 et seq. At trial of defendant and co-defendant held November 3-6, 1969, before Judge H.S. LEVIN, without a jury, defendant was found guilty of aggravated robbery and burglary, demurrers having been sustained to certain other charges...

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