Commonwealth of Pa. v. Coley

*56OPINION OF THE COURT

EAGEN, Justice.

Charles Coley was convicted by a jury in Philadelphia of murder in the first degree, attempted robbery and criminal conspiracy. Subsequently, the trial court ordered a new trial. The Commonwealth filed an appeal in this Court from the order granting a new trial as it affected the murder conviction.1 An appeal was filed in the Superior Court from the order as it affected the robbery and conspiracy convictions. The last mentioned appeal was later transferred here. Both appeals were consolidated for argument in this Court and pose the same legal issues.

At trial…