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COM. v. MAXWELL

312 Pa.Super. 557 (1983)

459 A.2d 362

COMMONWEALTH of Pennsylvania, Appellant, v. John MAXWELL. COMMONWEALTH of Pennsylvania, v. John MAXWELL, Appellant.

Superior Court of Pennsylvania.

Filed March 25, 1983.

Reargument Denied May 25, 1983.

Petition for Allowance of Appeal Denied November 18, 1983.

Attorney(s) appearing for the Case

Maxine J. Stotland, Assistant District Attorney, Philadelphia, for Commonwealth, appellant in No. 1760 and appellee in No. 1764.

David Hirsh, Dresher, for appellant in No. 1764 and appellee in No. 1760.

Before CAVANAUGH, CIRILLO and HOFFMAN, JJ.

CAVANAUGH, Judge:

This is an appeal from a judgment of sentence of the Court of Common Pleas of Philadelphia County. The relevant facts of the instant case are as follows: Maxwell was arrested and charged with two counts of robbery.1 Prior to the trial, Maxwell filed a motion pursuant to Pennsylvania Rule of Criminal Procedure 1101 to waive a trial by jury. The request was opposed by the Commonwealth which asserted an absolute right to...

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