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COMMONWEALTH PENNSYLVANIA v. LEROY BROWN (10/05/78)

decided: October 5, 1978.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
LEROY BROWN, APPELLANT



No. 482 January Term, 1976, Appeal from the Judgments of Sentence of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, as of April Sessions, 1974, Nos. 875-878

COUNSEL

Stephen G. Pollock, Philadelphia, for appellant.

Edward G. Rendell, Dist. Atty., Steven H. Goldblatt, Deputy Dist. Atty. for Law, Robert B. Lawler, Chief, Appeals Div., Gaele McLaughlin Barthold, Philadelphia, for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Manderino, J., filed a dissenting opinion in which Roberts and Nix, JJ., joined.

Author: Per Curiam

[ 482 Pa. Page 258]

OPINION OF THE COURT

This is an appeal from appellant's conviction of four counts of first degree murder which arose from his participation in the slaying of four persons in Philadelphia on February 18, 1974.*fn1 Appellant raises eight issues in this appeal, all of which are without merit.

1. That the trial court erred in not suppressing two allegedly involuntary statements which appellant made following his arrest;

2. That the trial court erred in ruling on the afternoon of the third day of trial that appellant was competent to stand trial;

3. That the trial court erred in not ordering an "inquiry" into appellant's competency on the afternoon of the third day of trial;

4. That appellant received ineffective assistance of counsel because prior to trial, trial counsel did not file a petition (pursuant to Section 4408 of the Mental Health and Mental Retardation Act of 1966, Act of October 20, 1966, Special Sess. No. 3, P.L. 96, art. IV, 50 P.S. 4408) requesting that appellant be committed to a mental health facility in lieu of standing trial;

5. That appellant received ineffective assistance of counsel because trial counsel failed to object to an instruction that the jury could find that appellant was sane at the time that the crimes were committed;

6. That appellant received ineffective assistance of counsel because (appellant claims that) trial counsel did not ...


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