Commonwealth v. Johnson

SPAETH, Judge:

This is an appeal from a judgment of sentence to life imprisonment for second degree murder. The murder was committed in the course of a robbery. Over appellant’s objection, the lower court excluded the public from the court room during the selection of the jury. Appellant argues that the lower court thereby denied him his Consti*370tutional right to a public trial.1 We agree. The judgment of sentence will therefore be vacated and the casé remanded for a new trial.

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Before we may consider appellant’s argument on its merits, we must dispose of a procedural issue.

The lower court has…