Commonwealth v. Melson

HESTER, Judge:

The Commonwealth appeals an order entered on June 16, 1987, wherein appellee, William “Country” Melson, was granted a new trial following a jury’s finding that he was guilty of first degree murder. The trial court issued the order for Melson’s new trial based upon post-trial motions which alleged that prior counsel was ineffective in failing to move to suppress identification testimony obtained through *143questionable use of a subpoena and an impermissibly suggestive identification. We affirm.

The facts found by the trial court are as follows. Melson was arrested on August 24, 1984,…