Commonwealth v. Presbury

Alan Presbury was tried by jury and was found guilty of murder in the first degree as a result of the killing of Blair Lee in May, 1974, at 28th and Huntingdon Streets in Philadelphia. A sentence of life imprisonment was imposed, and, on direct appeal, the judgment of sentence was affirmed. See: Commonwealth v. Presbury, 475 Pa. 48, 49, 379 A.2d 569 (1977). Presbury subsequently filed a petition under the Post Conviction Hearing Act. Counsel was appointed, and evidentiary hearings were held. Appellant’s P.C.H.A. petition was thereafter dismissed, and this appeal followed.

Presbury contends, on…