Commonwealth v. Kelliher

POPOVICH, Judge:

This is an appeal by the Commonwealth from the Order of the Court of Common Pleas of Lebanon County (per *230Judge Walter) awarding the appellee, William A. Kelliher, a new trial after a hearing conducted pursuant to the Post-Conviction Hearing Act (PCHA). 19 P.S. § 1180-1 et seq., as amended; reenacted as 42 Pa.C.S.A. §§ 9541-9551. We reverse.

Following a joint trial in which the appellee and a John Krall were found guilty of burglary, conspiracy and receiving stolen property, post-trial motions raised issues of sufficiency of . the evidence and alleged trial errors, one of which…