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COM. v. SMITH

498 Pa. 661 (1982)

450 A.2d 973

COMMONWEALTH of Pennsylvania, Petitioner, v. Carl Melvin SMITH, Jr.

Supreme Court of Pennsylvania.

October 5, 1982.

Attorney(s) appearing for the Case

Ronald T. Williamson, Asst. Dist. Atty., Norristown, for petitioner.

Hubert David Yollin, Abington, for respondent.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

The Commonwealth seeks allowance of appeal from an order of the Superior Court granting respondent a new trial on burglary, robbery, kidnapping, and related charges. Respondent was found guilty of the charges by a court sitting without a jury. The Superior Court granted relief on the ground that trial counsel provided ineffective assistance in failing to object to a defective...

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