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COMMONWEALTH PENNSYLVANIA v. FRANKLIN L. BUTLER (11/18/78)

SUPREME COURT OF PENNSYLVANIA


decided: November 18, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
FRANKLIN L. BUTLER, APPELLANT

Nos. 584 January Term, 1976 and 240 January Term, 1978, Appeals from the Judgments of Sentence of the Court of Common Pleas, Criminal, of Philadelphia, at Nos. 590-591, January Session, 1976

COUNSEL

Thomas B. Rutter, Philadelphia, for appellant.

Edward G. Rendell, Dist. Atty., Steven H. Goldblatt, Deputy Dist. Atty. for Law, Robert B. Lawler, Chief, Appeals Div., Nancy D. Wasser, Asst. Dist. Attys., for appellee.

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

Author: Per Curiam

[ 482 Pa. Page 470]

OPINION OF THE COURT

Appellant, Franklin Butler, was convicted in a non-jury trial of voluntary manslaughter and possessing instruments of crime. Post-verdict motions were denied and appellant was sentenced to a prison term of two to ten years on the

[ 482 Pa. Page 471]

    manslaughter conviction with a consecutive probationary term of five years on the weapons offense. This direct appeal followed.*fn1

On this appeal, appellant raises two issues. He first alleges that trial counsel was ineffective for failing to ascertain whether appellant was employed by the bar where the victim was shot, thus negating any duty to retreat. Appellant also claims that the evidence is insufficient to sustain his conviction. We have examined the record and find both issues meritless.

Judgments of sentence affirmed.


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