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COM. v. GAINER

397 Pa.Super. 348 (1990)

580 A.2d 333

COMMONWEALTH of Pennsylvania v. Donald GAINER, Appellant.

Supreme Court of Pennsylvania.

Filed August 28, 1990.

Attorney(s) appearing for the Case

Michael L. Healey, Pittsburgh, for appellant.

Edward M. Clark, Asst. Dist. Atty., Pittsburgh, for Com., appellee.

Before CIRILLO, President Judge, and WIEAND, McEWEN, MONTEMURO, BECK, KELLY, JOHNSON, HUDOCK and FORD ELLIOTT, JJ.

WIEAND, Judge:

Appellant's principal contention in this appeal from an order denying P.C.H.A. relief1 is that trial counsel was ineffective when, after introducing evidence of an alibi defense, he failed to request the court to instruct the jury on the significance of the alibi evidence. Post-trial and appellate counsel are also alleged to be ineffective for failing to preserve for direct review the absence of such an instruction.

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