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COM. v. SMITH

314 Pa.Super. 205 (1983)

460 A.2d 838

COMMONWEALTH of Pennsylvania v. Robert SMITH, Appellant.

Superior Court of Pennsylvania.

Filed May 20, 1983.

Petition for Allowance of Appeal Denied August 22, 1983.

Attorney(s) appearing for the Case

Gaele McLaughlin Barthold, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before PRICE, MONTEMURO and VAN der VOORT, JJ.

PER CURIAM:

Appellant, Robert Smith, was tried by a jury and found guilty of burglary, criminal trespass, and possession of an instrument of crime. Prior to trial, he attempted to waive trial by jury and requested to be tried by the court. The Commonwealth requested trial by jury in accordance with the provisions of 42 Pa.C.S. § 5104(c).1 The trial court denied appellant's request...

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