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COMMONWEALTH PENNSYLVANIA v. RICHARD A. SEACHRIST (06/05/78)

decided: June 5, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
RICHARD A. SEACHRIST, APPELLANT



No. 63 March Term, 1977, Appeal from the Judgment of Sentence entered on September 2, 1976, in the Court of Common Pleas of Allegheny County, Pennsylvania, Criminal Division, at No. CC7405757A.

COUNSEL

Lester G. Nauhaus, John H. Corbett, Jr., Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Asst. Dist. Atty., Pittsburgh, for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Manderino, J., concurs in the result.

Author: Roberts

[ 478 Pa. Page 622]

OPINION OF THE COURT

Appellant was charged with murder, voluntary manslaughter and kidnapping in connection with the beating

[ 478 Pa. Page 623]

    death of Michael Nelson. The trial court denied appellants pre-trial motion to suppress incriminatory statements as products of unnecessary delay and a jury convicted appellant of murder of the third degree. The court imposed a sentence of imprisonment of ten to twenty years. Appellant did not file post-verdict motions.

Subsequently, appellant sought relief under the Post Conviction Hearing Act.*fn1 On February 18, 1976, the post conviction hearing court granted appellant the right to file post-verdict motions as if timely filed, but otherwise denied relief. On the same date, the court ordered the Public Defender to replace appellant's private trial counsel. On September 2, 1976, following hearing, the trial court denied appellant's post-verdict motions for a new trial and in arrest of judgment. On appeal to this Court,*fn2 appellant raises three issues:

1) trial counsel was ineffective for failing adequately to prepare to argue the relevancy of certain testimony;

2) the trial court erred in admitting certain statements appellant gave police; and

3) the evidence was insufficient to sustain the conviction for murder ...


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