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COMMONWEALTH PENNSYLVANIA v. RAYMOND MCCLENDON (11/18/78)

SUPREME COURT OF PENNSYLVANIA


decided: November 18, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
RAYMOND MCCLENDON, APPELLANT

No. 325, January Term, 1976, Appeal from the judgment of Sentence of the Court of Common Pleas, Criminal Trial Division of Philadelphia County at December Term, 1973 No. 673-674

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., Neil Kitrosser, Asst. Dist. Attys., Philadelphia, for appellee.

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

Author: Per Curiam

This is an appeal from appellant's conviction of murder of the first degree, and conspiracy which arose from the slaying of Domingo Martinez on November 10, 1973. Appellant raises five issues for review, all of which are without merit.

1. Appellant challenges the sufficiency of the evidence to sustain the jury's verdict.*fn1

2. That the trial court erred in not suppressing appellant's confession on the grounds that it was a product of an unnecessary delay following arrest.

3. That appellant's waiver of his rights and subsequent confession were involuntary.

4. That the trial court erred by failing to give the proper instruction on aiding and abetting.

5. That appellant received ineffective assistance of counsel because trial counsel failed to request a charge on involuntary manslaughter, and because trial counsel failed to preserve for appeal the adequacy of the jury's charge on conspiracy.

Judgment of sentence affirmed.


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