Superior Court of Pennsylvania, 1980

Commonwealth v. Johnson

Commonwealth v. Johnson
Superior Court of Pennsylvania · Decided August 29, 1980 · Brosky, Eagen, Wickersham
288 Pa. Super. 628; 428 A.2d 698

Commonwealth v. Johnson

Opinion of the Court

*629Judgment 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.

EAGEN, J., concurred in the result.

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