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COMMONWEALTH PENNSYLVANIA v. ELLIOTT CLARK (07/10/87)

SUPERIOR COURT OF PENNSYLVANIA


filed: July 10, 1987.

COMMONWEALTH OF PENNSYLVANIA
v.
ELLIOTT CLARK, APPELLANT

Appeal from the Judgment of Sentence in the Court of Common Pleas of Allegheny County, Criminal Division, No. 8512234A.

Cirillo, P.j., Tamilia and Watkins, JJ.

Per Curiam:

Judgment of sentence as to count 1, aggravated assault, is vacated and the case is remanded for an evidentiary hearing on the validity of the jury trial waiver. Following the evidentiary hearing, should the trial court find that the waiver of a jury trial was knowing and voluntary, sentence on the aggravated assault charge shall be reinstated; otherwise, appellant is to be granted a new trial. Judgment of sentence as to count 2, Firearms not to be carried without a license, is vacated.

19870710

© 1998 VersusLaw Inc.



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