Hall Approved Free Access to American Case Law
Superior Court of Pennsylvania, 1978

Commonwealth v. Kelly

Commonwealth v. Kelly
Superior Court of Pennsylvania · Decided November 17, 1978 · Cer, Cercone, Cone, Consideration, Files, Hester, Hoffman, Jacobs, Price, Spaeth, Voort
260 Pa. Super. 322; 394 A.2d 573; 1978 Pa. Super. LEXIS 4324

Commonwealth v. Kelly

Opinion of the Court

OPINION

PER CURIAM:

Judgment of sentence affirmed.

CERCONE, J., concurs in the result. *323SPAETH, J., files a dissenting statement. HOFFMAN, J., did not participate in the consideration or decision of this case.

Dissenting Opinion

SPAETH, Judge,

dissenting:

I should remand for a hearing to determine whether trial counsel was ineffective for failing to file a motion to suppress and whether appellant’s waiver of a jury trial was voluntary. See Commonwealth v. Twiggs, 460 Pa. 105, 331 A.2d 440 (1975).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

↑