Commonwealth v. Smoyer

CAVANAUGH, Judge:

One of the issues raised on appeal in this case is that appellant’s motion in arrest of judgment should be granted because of ineffective assistance of counsel. Trial counsel in this case was a member of the Public defender’s Office of Chester County. On appeal another member of the same public defender’s office represented appellant. The alleged ineffectiveness consisted of the failure of trial counsel to demur or move for a directed verdict on the charge of homicide by vehicle. 1 Appellant alleges that the section of The Vehicle Code in question was subject to attack as a…