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COMMONWEALTH PENNSYLVANIA v. GERTRUDE JOHNSON (08/29/80)

SUPERIOR COURT OF PENNSYLVANIA


August 29, 1980

COMMONWEALTH OF PENNSYLVANIA
v.
GERTRUDE JOHNSON, APPELLANT

No. 2137 October Term, 1977, Appeal from the judgment of sentence in the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, Nos. 0263, 0264, 0265, October Term, 1976.

Before Wickersham, Brosky and Eagen, JJ.*fn*

Per Curiam:

Judgment of sentence vacated and case remanded for an evidentiary hearing to determine if defense counsel's failure to call alibi witnesses constituted ineffective assistance of counsel. If it is determined that defense counsel was ineffective, a new trial shall be awarded. If, on the other hand, defense counsel is not found to have been ineffective, the judgment of sentence shall be reinstated.


*fn* Chief Justice Michael J. Eagen of the Supreme Court of Pennsylvania is sitting by designation.


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