COM. v. STEWART


302 Pa.Super. 203 (1982)

448 A.2d 598

COMMONWEALTH of Pennsylvania v. David Lee STEWART, Appellant.

Supreme Court of Pennsylvania.

Filed July 23, 1982.

Petition for Allowance of Appeal Granted January 14, 1983.


Attorney(s) appearing for the Case

Peter T. Campana, Williamsport, for appellant.

William A. Behe, Deputy District Attorney, Harrisburg, for Commonwealth, appellee.

Before BROSKY, WIEAND and MONTEMURO, JJ.


BROSKY, Judge:

David Stewart, appellant, was convicted of voluntary manslaughter on August 5, 1980. Post-verdict motions were filed and subsequently denied. This appeal followed.

Stewart was tried before a jury. On the second and final day of his trial, one of the twelve jurors failed to appear. No objection was made at the time of the proceedings by Stewart. He did not complain about the number of jurors on the jury until after the jury rendered its verdict...

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