August 29, 1980
COMMONWEALTH OF PENNSYLVANIA
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*
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.