Commonwealth v. Hayward

Opinion by

Mb. Justice O’Beien,

Appellant, after jury trial, was convicted of armed robbery. His post-trial motions for new trial and in arrest of judgment were denied, and he was sentenced to a term of not less than three nor more than seven years in prison. His appeal to the Superior Court resulted in a unanimous per curiam affirmance of the judgment of sentence, and we allowed an appeal.

At trial, petitioner’s defense was based on alibi. His mother and his girl friend testified that he was in Philadelphia at the time the robbery was being committed in Allentown. During the course of the…