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COM. v. AUSTIN

274 Pa.Super. 1 (1980)

417 A.2d 1220

COMMONWEALTH of Pennsylvania v. James AUSTIN, Appellant.

Superior Court of Pennsylvania.

Filed January 4, 1980.

Attorney(s) appearing for the Case

Theodore H. Swan, Abington, for appellant.

John A. Burfete, Assistant District Attorney, Norristown, for Commonwealth, appellee.

Before HESTER, HOFFMAN and CATANIA, JJ.

HOFFMAN, Judge:

Appellant contends that trial counsel was ineffective because he: 1) failed adequately to confer with appellant; 2) decided to have appellant testify about his mental state at the time of the crime; and 3) failed to object to the charge of the court. We agree that counsel was ineffective for failing to object to the charge of the court and, therefore, reverse in part and remand for a new trial. We otherwise affirm.

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