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COM. v. SHERMAN

500 Pa. 369 (1982)

460 A.2d 1074

COMMONWEALTH of Pennsylvania v. James SHERMAN, Appellant.

Supreme Court of Pennsylvania.

Decided December 30, 1982.

Reargument Denied March 11, 1983.

Attorney(s) appearing for the Case

John W. Packel Chief, Appeals Div. Jeffrey Shender, Philadelphia, for appellant.

Robert B. Lawler Chief, Appeals Div. Asst. Dist. Atty. Eric B. Henson Deputy Dist. Atty., for appellee.

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

OPINION OF THE COURT

ROBERTS, Justice.

The Superior Court has certified to this Court the question of the constitutionality of 42 Pa.C.S. § 5104(c), upon which the Court of Common Pleas of Philadelphia relied in denying appellant's motion to waive trial by jury pursuant to Pa.R. Crim.P. 1101. In Commonwealth v. Sorrell, 500 Pa. 355, 456 A.2d 1326

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