COM. v. LEE


321 Pa.Super. 292 (1983)

468 A.2d 485

COMMONWEALTH of Pennsylvania, Appellant, v. Joseph LEE.

Supreme Court of Pennsylvania.

Filed October 28, 1983.

Reargument Denied December 29, 1983.

Petition for Allowance of Appeal Denied April 24, 1984.


Attorney(s) appearing for the Case

Harry A. Penich, Assistant District Attorney, Mercer, for Commonwealth, appellant.

Frances S. Palmer, Hermitage, for appellee.

Before CAVANAUGH, ROWLEY and CIRILLO, JJ.


CAVANAUGH, Judge:

The trial court, following a jury verdict which found appellee Joseph Lee guilty of rape, burglary and criminal trespass, granted Lee a new trial. The court found that trial counsel failed to adequately advise appellee of his constitutional and statutory rights to remain silent. We disagree with the conclusion reached by the trial court and reverse the grant of a new trial.

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