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COMMONWEALTH PENNSYLVANIA v. JERRY LOGAN (10/05/78)

SUPREME COURT OF PENNSYLVANIA


decided: October 5, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
JERRY LOGAN, APPELLANT (TWO CASES)

Nos. 12 and 23 January Term, 1977, Appeal from Judgments of Sentence Entered on July 22, 1976 by the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section as of May Term, 1975, Nos. 1758-1760.

COUNSEL

Linda J. Bryant, Philadelphia, for appellant.

Edward G. Rendell, Dist. Atty., Steven H. Goldblatt, Deputy Dist. Atty. for Law, Robert B. Lawler, Chief, Appeals Div., William Boland, Asst. Dist. Atty., Stephen Seeling, Philadelphia, for appellee.

Eagen, C. J., and O'Brien, Pomeroy, Nix, Manderino and Larsen, JJ. Roberts, J., did not participate in the consideration or decision of this case.

Author: Per Curiam

[ 482 Pa. Page 32]

OPINION OF THE COURT

This is an appeal from appellant's conviction by a jury of third degree murder, criminal conspiracy and aggravated assault. Appellant contends

(1) after-discovered evidence mandates granting a new trial;

(2) oral statements made by appellant immediately preceding and immediately following his arrest should have been suppressed;

(3) the identification of appellant at the preliminary hearing by an eyewitness was invalid;

(4) the trial court erred in refusing to order disclosure of an informant;

(5) the seizure of an automobile was without probable cause and the identification of the auto at trial was invalid;

(6) the indictment against appellant should have been quashed; and

(7) a mistrial should have been granted due to prosecutorial misconduct.

[ 482 Pa. Page 33]

We have carefully reviewed each of these issues and find them to be without merit.

The judgments of sentence of the Court of Common Pleas are affirmed.

19781005

© 1998 VersusLaw Inc.



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