Commonwealth v. Waller

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, appellant was arrested and charged with murder, conspiracy and possession of an instrument of crime in connection with the shooting of a rival gang member. Following a jury trial on September 20, 1974, appellant was convicted of second degree murder and criminal conspiracy, and sentenced to consecutive terms of ten-to-twenty years imprisonment for murder and…