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COM. v. McCANN

503 Pa. 190 (1983)

469 A.2d 126

COMMONWEALTH of Pennsylvania, Appellant, v. Robert D. McCANN, Appellee.

Supreme Court of Pennsylvania.

Decided December 23, 1983.

Attorney(s) appearing for the Case

Samuel J. Orr, IV, Dist. Atty., Charles S. Hersh, Asst. Dist. Atty., Mercer, for appellant.

Richard W. Epstein, Routman, Moore, Goldstone & Valentino, Sharon, for appellee.

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

OPINION

McDERMOTT, Justice.

Robert D. McCann was found guilty of aggravated assault after a jury trial in the Court of Common Pleas of Mercer County. His post trial motions were denied, and a judgment of sentence was imposed of not less than five (5) years nor more than ten (10) years. On appeal, the Superior Court found that McCann's trial attorney was ineffective, vacated the sentence, and remanded the case for...

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