COM. v. McCLAIN


325 Pa.Super. 29 (1984)

472 A.2d 630

COMMONWEALTH of Pennsylvania v. David Lee McCLAIN, Appellant.

Supreme Court of Pennsylvania.

Filed February 3, 1984.

Petition for Allowance of Appeal Denied May 8, 1984.


Attorney(s) appearing for the Case

Joann Selleck, Assistant Public Defender, West Chester, for appellant.

James R. Freeman, District Attorney, West Chester, for Commonwealth, appellee.

Before SPAETH, President Judge, and POPOVICH, and HOFFMAN, JJ.


HOFFMAN, Judge:

Appellant contends that the lower court erred in (1) denying appellant's motion to dismiss under Pa.R.Crim.P. 1100; (2) refusing to grant appellant's motion for a mistrial; and (3) admitting into evidence photographs of the victim. Finding all of appellant's claims without merit, we affirm the judgment of sentence.

On December 3, 1980, following a jury trial, appellant was found guilty of criminal attempt — rape, robbery, aggravated...

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