COM. v. LOTT


392 Pa.Super. 371 (1990)

572 A.2d 1279

COMMONWEALTH of Pennsylvania v. John LOTT, Appellant.

Supreme Court of Pennsylvania.

Filed April 10, 1990.


Attorney(s) appearing for the Case

Mitchell S. Strutin, Philadelphia, for appellant.

Donna G. Zucker, Asst. Dist. Atty., Philadelphia, for the Com., appellee.

Before CAVANAUGH, BROSKY and WIEAND, JJ.


BROSKY, Judge.

This appeal is from the Order of the PCHA court dismissing appellant's post-conviction petition.

Appellant charges his trial counsel with ineffectiveness because the latter failed to object to a purportedly erroneous jury instruction on alibi. Appellant claims that the trial court's alibi charge was improper because it did not incant the "even if not wholly believed" language of Commonwealth v. Pounds, 490 Pa. 621

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