Commonwealth v. McCray

Opinion by

Spaulding, J.,

Michael McCray, appellant, was convicted of aggravated robbery1 by the court below sitting without a jury. The sole contention raised on this appeal from that conviction is that appellant’s counsel was deprived of his right to a summation and that, under Commonwealth v. McNair, 208 Pa. Superior Ct. 369, 222 A. 2d 599 (1966), a new trial is required.

In McNair, this court specifically noted that the defendant’s counsel requested and was refused the privilege of summation at the conclusion of the evidence. Supra, at 371. It was further noted that the right of summation is…