[DOWNLOAD] "Commonwealth Pennsylvania v. David Carter" by Supreme Court of Pennsylvania # eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth Pennsylvania v. David Carter
- Author : Supreme Court of Pennsylvania
- Release Date : January 03, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The appellee, David Carter, was tried without a jury and found guilty of aggravated robbery and a firearms violation. Immediately following announcement of his verdict the trial judge imposed sentence on the robbery conviction of not less than six years nor more than twenty years in prison; sentence on the firearms conviction was suspended. No post-verdict motions were filed prior to sentencing. From the judgment on the robbery verdict, the appellee took an appeal to the Superior Court in which he argued that three alleged errors required a new trial. The assignments of error were: (1) that his waiver of trial by jury had been improperly accepted; (2) that the trial judge obtained knowledge during the trial of Carters prior criminal record; and (3) that Carter had been denied the effective assistance of trial counsel. The Superior Court reversed the judgment of sentence and remanded the case for a new trial on the first ground -- ineffective waiver of jury trial. This holding was considered necessary because of a violation of Rule 1101 of the Pennsylvania Rules of Criminal Procedure, in that no written jury trial waiver was included