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COMMONWEALTH PENNSYLVANIA v. FREDDY BUTLER (07/24/79)

submitted: July 24, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
FREDDY BUTLER, APPELLANT



No. 207 Special Transfer Docket, Appeal from Order of Court of Common Pleas of Montgomery County, Criminal Division, dated December 30, 1977 in No. 1 April Term, 1968

COUNSEL

Arthur J. King, Assistant Public Defender, Chief, Appeals Division, Norristown, for appellant.

Ronald T. Williamson, Assistant District Attorney, Norristown, for Commonwealth, appellee.

Montgomery, O'Brien and Honeyman, JJ.*fn* O'Brien, J., concurs in the result.

Author: Per Curiam

[ 271 Pa. Super. Page 110]

On February 19, 1969, a jury found appellant guilty of murder in the first degree, for which he received a sentence

[ 271 Pa. Super. Page 111]

    of life imprisonment. On direct appeal from the judgment of sentence, the Supreme Court of Pennsylvania affirmed the judgment of sentence on May 25, 1972. See Com. v. Butler, 448 Pa. 128, 291 A.2d 89 (1972). Appellant has now filed a Petition under the Post Conviction Hearing Act. He was afforded a hearing thereon by the trial court, following which his petition was dismissed by Order dated December 30, 1977. This appeal was taken therefrom.

On March 11, 1968, 72 year old Concenzio Cane, while walking to a hospital to visit a sick friend, was set upon by four men, and was stabbed a number of times in the abdomen and back. He died a short time later as a result of the stabbings. Appellant was one of those who were arrested, tried and convicted of the murder.

Appellant now contends that his trial attorneys were ineffective in their representation of him on the direct appeal in that they

1. failed to raise the propriety of the identification of the victim by his widow from a morgue photograph;

2. failed to object to a portion of the prosecutor's closing argument, which it is contended constituted prosecutorial misconduct; and

3. failed to appeal the trial judge's ruling that the prosecutor was not required to move a box of items located near his ...


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