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COM. v. COOPER

503 Pa. 29 (1983)

467 A.2d 1301

COMMONWEALTH of Pennsylvania v. James COOPER, Appellant.

Supreme Court of Pennsylvania.

Decided December 2, 1983.

Attorney(s) appearing for the Case

John W. Packel, Chief, Appeals Div., Karl Baker, Philadelphia, for appellant.

Robert B. Lawler, Chief, Appeals Div., Asst. Dist. Atty., Steven Cooperstein, Asst. Dist. Atty., Philadelphia, for appellee.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.

ORDER

PER CURIAM:

The record having established that appellant was erroneously informed in the jury-trial-waiver colloquy that in a jury trial the defense would have to convince twelve jurors of appellant's innocence, whereas in a non-jury trial appellant could be acquitted by proving his innocence to a single fact-finder, the trial judge, the order of the Superior Court is vacated. 308 Pa.Super. 607,

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