COM. v. WALLER


322 Pa.Super. 11 (1983)

468 A.2d 1134

COMMONWEALTH of Pennsylvania v. Terry WALLER a/k/a Terry Wallace, Appellant.

Supreme Court of Pennsylvania.

Filed December 16, 1983.


Attorney(s) appearing for the Case

Norris E. Gelman, Philadelphia, for appellant.

Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.

Before HESTER, POPOVICH and HOFFMAN, JJ.


HOFFMAN, Judge:

Appellant alleges ineffectiveness of both trial and PCHA counsel in failing to adequately challenge the lower court's second degree murder instructions. We agree and, accordingly, reverse and remand.

On September 6, 1973, appellant was arrested and charged with murder, conspiracy and possession of an instrument of crime in connection with the shooting of a rival gang member. Following a jury trial on September 20, 1974, appellant was convicted...

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