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COMMONWEALTH PENNSYLVANIA v. GLENN COOLEY (03/14/79)

SUPREME COURT OF PENNSYLVANIA


decided: March 14, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
GLENN COOLEY, APPELLANT

Appeal No. 69 January Term, 1977, from the Judgment of Sentence of the Court of Common Pleas of Philadelphia, Criminal Division, imposed on Bill of Indictment No. 44 of the March Term, 1972 on August 5, 1976; John A. Geisz, Judge.

COUNSEL

Norris E. Gelman, Philadelphia, for appellant.

Robert B. Lawler, Chief, Appeals Div., Jane Greenspan, Philadelphia, for appellee.

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

Author: Per Curiam

[ 484 Pa. Page 23]

OPINION OF THE COURT

A jury convicted appellant, Glenn Cooley, of murder of the first degree.*fn1 Post-trial motions were denied and appellant was sentenced to life imprisonment. On appeal,*fn2 appellant contends he is entitled to relief on the following grounds:

[ 484 Pa. Page 24]

(1) the trial court committed reversible error when it charged the jury on felony murder; (2) prosecutorial misconduct requires reversal; (3) the trial court erroneously charged the jury that its function was to determine the guilt or innocence of the accused; (4) the trial court misinformed the jury of its power regarding mercy; (5) the trial court abused its discretion by failing to send out with the jury certain exhibits the jury requested; and (6) appellant was denied his constitutional right to a speedy trial.

Appellant's speedy trial claim resembles the speedy trial claim raised in unrelated proceedings against him. See Commonwealth v. Cooley, 484 Pa. 14, 398 A.2d 637 (1979). For the reasons set forth in that opinion, we reject the speedy trial argument here. Our full review of the entire record satisfies us that appellant's other claims are without merit.

Judgment of sentence affirmed.


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