COM. v. DUNCAN


266 Pa.Super. 112 (1979)

403 A.2d 119

COMMONWEALTH of Pennsylvania v. Charles Alonzo DUNCAN, Appellant.

Superior Court of Pennsylvania.

Decided May 16, 1979.

Petition for Allowance of Appeal Denied August 13, 1979.


Attorney(s) appearing for the Case

Laurence A. Kalikow, Assistant Public Defender, Harrisburg, for appellant.

Marion E. MacIntyre, Second Assistant District Attorney, Harrisburg, for Commonwealth, appellee.

Before CERCONE, President Judge and WIEAND and HOFFMAN, JJ.


HOFFMAN, Judge:

During jury selection at his trial on kidnapping, rape and conspiracy charges, appellant indicated a desire to waive a jury trial. The request was granted, but appellant was never informed of his right to a unanimous jury verdict. After he was found guilty, appellant filed a post-verdict motion for a new trial because of this deficiency in the waiver colloquy. The court ordered an evidentiary hearing to determine whether appellant's waiver of his right...

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