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COMMONWEALTH PENNSYLVANIA v. JAMES MCCLAIN (04/28/78)

SUPREME COURT OF PENNSYLVANIA


decided: April 28, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
JAMES MCCLAIN, APPELLANT

Appeal No. 98 January Term, 1976, from the Judgment of Sentence of the Court of Common Pleas, Trial Division Criminal Section of Philadelphia County, Imposed on No. 168, May Session, 1974; James T. McDermott, Judge.

COUNSEL

Herman, Bayer & Silberstein, Frederick R. Herman, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Chief, Appeals Div., Denis Cohen, Asst. Dist. Atty., for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Per Curiam

[ 478 Pa. Page 11]

OPINION

Appellant was convicted of murder of the second degree, aggravated assault, possession of a controlled substance and possession with intent to deliver a controlled substance. The conviction of murder of the second degree was directly appealed to this Court.*fn*

The single issue raised in this appeal is that appellant was denied a fair trial because the prosecuting attorney used his peremptory challenges to exclude Blacks from the jury. We need not reach the merits of this argument since appellant has waived this issue. See Pennsylvania Rule of Criminal Procedure 1123.

Judgment of sentence affirmed.


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