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COM. v. WADE

501 Pa. 331 (1983)

461 A.2d 613

COMMONWEALTH of Pennsylvania, Appellant, v. C. Alton WADE, Jr., Appellee.

Supreme Court of Pennsylvania.

Decided May 27, 1983.

Reargument Denied July 13, 1983.

Attorney(s) appearing for the Case

Lee Ruslander, Chief, Appeals Div., West Chester, for appellant.

Alan Lourie, John R. Merrick Asst. Public Defenders, for appellee.

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

OPINION

LARSEN, Justice.

On April 17, 1974, appellee C. Alton Wade, Jr. was convicted by a jury of voluntary manslaughter and sentenced to a term of imprisonment of five to ten years. On appeal, this Court vacated the judgment of sentence and remanded for an evidentiary hearing on the issue of trial counsel's ineffectiveness in failing to produce one Sam Stearly as an alibi witness at trial. Commonwealth v. Wade, 480 Pa. 160

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