Commonwealth v. Garwood

WIEAND, Judge:

Talmadge Garwood was tried by jury and found guilty of two counts of aggravated assault1 and one count of possessing an instrument of crime2 in connection with a double shooting in Philadelphia. Prior to trial Garwood attempted to waive trial by jury in' order to be tried by the court sitting without a jury. The Commonwealth opposed a bench trial and asserted a right to demand trial by jury in accordance with the provisions of 42 Pa.C.S. § 5104(c).3 The trial court denied appellant’s request for a trial without jury because of the Commonwealth’s demand for a jury trial under the…