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COMMONWEALTH PENNSYLVANIA v. ALEXANDER POOLE (03/16/83)

decided: March 16, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
ALEXANDER POOLE, APPELLANT



No. 80-3-431, Appeal from Judgments of Sentence of Court of Common Pleas, Philadelphia, Trial Division, Criminal, Entered February 5, 1980, at Nos. 433, 434 and 435 April Term, 1978.

COUNSEL

Warren R. Hamilton, Philadelphia, for appellant.

Robert B. Lawler, Chief, Appeals Div., Michael Clarke, Asst. Dist. Attys., Philadelphia, for appellee.

Roberts, C.j., and Nix, Larsen, Flaherty, McDermott, Hutchinson and Zappala, JJ.

Author: Per Curiam

[ 500 Pa. Page 427]

OPINION OF THE COURT

This is a direct appeal from Philadelphia Common Pleas' judgment of sentence of five to ten years imprisonment on appellant's conviction by a jury of third degree murder. Sentence was suspended on the conviction for possession of an instrument of crime. Four issues are raised: (1) ineffectiveness of trial counsel for failing to have a psychiatrist examine appellant to determine the appropriateness of an insanity defense; (2) ineffectiveness of trial counsel for comparing appellant to an old watch during his closing argument; (3) lack of a knowing and intelligent waiver of appellant's Pa.R.Crim.P. 1100 rights; and (4) ineffectiveness

[ 500 Pa. Page 428]

    of trial counsel for failing to advise appellant of his right to a non-jury trial. We have reviewed the record in this case and find appellant's contentions to be without merit.

Judgments of sentence affirmed.

19830316

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