No. 87 March Term. 1979, Appeal from the Order of the May 30, 1979, denying Appellant's Post Conviction Hearing Act Order issued by the Honorable John W. O'Brien of the Court of Common Pleas of Allegheny County, Criminal Division at CC7500359-7500430, Murder, Voluntary Manslaughter, Violation Uniform Firearms Act.
Leonard I. Sharon, Pittsburgh, for appellant.
Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Deputy Dist. Atty., Kathryn L. Simpson, Asst. Dist. Atty., Pittsburgh, for appellee.
Eagen, C. J., and O'Brien, Roberts, Nix, Larsen, Flaherty and Kauffman, JJ. Eagen, C. J., notes a dissent and would grant a new trial because of prosecutorial misconduct. Roberts, J., filed a dissenting opinion.
This is an appeal from an order of the Court of Common Pleas of Allegheny County denying appellant's petition for post-conviction relief. Appellant argues that his trial/direct appeal counsel*fn1 was ineffective in several respects, namely:
1. For failure to object to, or motion for a mistrial because of, allegedly prejudicial remarks of the prosecutor during his closing arguments;
. For failure to request an instruction to the jury on involuntary manslaughter; and
3. for failure to call certain witnesses in his behalf.
We have examined the record and conclude that these issues are without merit. Accordingly, ...