COM. v. FAHY


537 Pa. 533 (1994)

645 A.2d 199

COMMONWEALTH of Pennsylvania, Appellee, v. Henry FAHY, Appellant.

Supreme Court of Pennsylvania.

Decided July 1, 1994.


Attorney(s) appearing for the Case

Louis Natali, Norris E. Gelman, Philadelphia, for appellant.

Catherine Marshall, Chief, Appeals Unit, Hugh J. Burns, Jr., Asst. District Atty., Robert A. Graci, Chief Deputy Atty. Gen., for appellee.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.


OPINION OF THE COURT

CASTILLE, Justice.

The sole issue raised in this direct appeal from the denial of the Appellant's petition filed pursuant to the Post Conviction Relief Act (the "PCRA") 42 Pa.C.S. § 9541, et seq., is whether the Appellant is entitled to a new sentencing hearing because his trial counsel failed to object to a jury instruction regarding the aggravating circumstance of the killing of another committed by means of torture...

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