Commonwealth v. Barnes

Appellant’s first trial, following a denial of his motion to suppress, resulted in a mistrial when the jury could not reach a verdict. Appellant’s second trial, also before a jury, resulted in his conviction of burglary of a State Liquor store and aggravated assault. The resulting judgment of sentence was affirmed per curiam. Commonwealth v. Barnes, 223 Pa. Super. 705, 296 A.2d 53 (1972). This appeal is from a denial of PCHA relief. Appellant raises four claims of ineffectiveness of counsel. Three of these claims are without merit, but since the PCHA judge failed to consider the fourth claim,…