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COMMONWEALTH v. COLEMAN (10/31/74)

THE SUPERIOR COURT OF PENNSYLVANIA


October 31, 1974

COMMONWEALTH
v.
COLEMAN, APPELLANT.

Appeal, No. 731, Oct. T., 1974, from judgment of sentence of Court of Common Pleas of Centre County, No. 340 of 1973.

COUNSEL

Benjamin Novak, Assistant Public Defender, with him James E. Coleman, for appellant; C. Kent Price, Assistant District Attorney, submitted a brief for Commonwealth, appellee.

Before Campbell, P.j., without a jury.

Reports of cases decided by the Superior Court in which the order, decree, judgment or decision of the court below or of an administrative agency was affirmed or otherwise disposed of without opinion or without extended opinion.

Indictment charging defendant with armed robbery.

Opinion PER CURIAM: In this appeal involving a robbery conviction, the colloquy covering appellant's alleged waiver of a jury trial was not recorded, and the record in its entirety will not sustain a finding of a knowing and intelligent waiver of such right. Commonwealth v. Williams, 454 Pa. 368, 312 A.2d 597 (1973); 731 Commonwealth v. Lockhart, 227 Pa. Superior Ct. 503, 322 A.2d 707 (1974).

Disposition

Judgment of sentence reversed and new trial granted.

19741031

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