COM. v. SHOATS


297 Pa.Super. 236 (1982)

443 A.2d 814

COMMONWEALTH of Pennsylvania v. Russell Melvin SHOATS, Appellant.

Superior Court of Pennsylvania.

Filed March 26, 1982.

Petition for Allowance of Appeal July 1, 1982.


Attorney(s) appearing for the Case

James D. Flower, Jr., Carlisle, for appellant.

Stewart L. Kurtz, District Attorney, Huntingdon, for Commonwealth, appellee.

Before CERCONE, President Judge, and WICKERSHAM and BROSKY, JJ.


CERCONE, President Judge:

Appellant, Russell Melvin Shoats, takes this appeal from his conviction for escape, robbery, kidnapping, and simple assault. Appellant advances several reasons why his trial counsel should be found ineffective, including the argument that counsel was ineffective for failing to object to the court's charge to the jury regarding the burden of proof. We find this latter issue to have merit and we reverse and remand for a new trial. In view of...

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