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COMMONWEALTH PENNSYLVANIA v. RODNEY LEE THOMAS (04/25/80)

SUPREME COURT OF PENNSYLVANIA


filed: April 25, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
RODNEY LEE THOMAS, APPELLANT

No. 142 March Term, 1979, Appeal from the decision of the Superior Court at No. 12 Special Transfer Docket affirming the conviction in the Court of Common Pleas, Allegheny County, Pennsylvania at No. CC7705773 A of 1977, Criminal Division.

COUNSEL

Paul R. Gettleman, Zelienople, for appellant.

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Deputy Dist. Atty., Charles W. Johns, Asst. Dist. Atty., Kemal Alexander Mericli, Pittsburgh, for appellee.

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

Author: Larsen

[ 488 Pa. Page 606]

OPINION

Appellant, Rodney Lee Thomas, was convicted by a jury of murder of the first degree in the fatal stabbing of Charlene Meekins in McKeesport, Pennsylvania, on August 23, 1977. Following the denial of post-trial motions, appellant was sentenced to a term of life imprisonment. A Special Transfer Panel of the Superior Court affirmed per curiam the judgment of sentence. We granted appellant's petition for allowance of appeal.

[ 488 Pa. Page 607]

Appellant presents two issues for review: (1) whether the lower court erred in refusing his requested instruction on the defense of voluntary intoxication; and (2) whether appellant was denied the effective assistance of counsel because trial counsel failed to pursue the issue of appellant's alleged intoxication.

After careful examination of the briefs and record, we have found these issues to be without merit.

Judgment of sentence affirmed.

19800425

© 1998 VersusLaw Inc.



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