Commonwealth v. Waller

322 Pa. Superior Ct. 11 (1983)

468 A.2d 1134

COMMONWEALTH of Pennsylvania

v.

Terry WALLER a/k/a Terry Wallace, Appellant.

Supreme Court of Pennsylvania.

Submitted April 14, 1983.

Filed December 16, 1983.

Norris E. Gelman, Philadelphia, for appellant.

Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.

Before HESTER, POPOVICH and HOFFMAN, JJ.

HOFFMAN, Judge:

Appellant alleges ineffectiveness of both trial and PCHA counsel in failing to adequately challenge the lower court's second degree murder instructions. We agree and, accordingly, reverse and remand.

On September 6, 1973,…