COM. v. ROXBERRY


529 Pa. 160 (1992)

602 A.2d 826

COMMONWEALTH of Pennsylvania, Appellant, v. Robin S. ROXBERRY, Appellee.

Supreme Court of Pennsylvania.

Decided January 13, 1992.


Attorney(s) appearing for the Case

David L. Cook, Dist. Atty., Robert F. Hawk, Asst. Dist. Atty., for appellant.

Donald D. Doerr, Jr., Butler, Leonard N. Sosnov, Philadelphia, for appellee.

Peter Rosalsky, Philadelphia, for amicus Defender Ass'n of Philadelphia.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS, and CAPPY, JJ.


OPINION OF THE COURT

FLAHERTY, Justice.

This appeal presents questions as to the circumstances in which a criminal defendant is entitled to an alibi instruction. The sole alibi evidence in this case was appellee's testimony that he was one-half mile from the scene when the crimes were committed. The trial court gave no alibi instruction. Alleging ineffective assistance of counsel, appellee sought a new trial pursuant to the PCHA, which was denied by the...

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