Commonwealth v. Brown

JOHNSON, Judge:

Following a non-jury trial before the Honorable Charles L. Durham, Appellant, Ernest Brown, was convicted on April 8, 1982 of third-degree murder,1 aggravated assault,2 and possession of an instrument of crime.3 A timely appeal was taken to this court raising several questions for our consideration. We affirm.

Of paramount concern is Appellant’s contention that he did not receive effective assistance of counsel because his trial attorney did not seek recusal of the trial judge. Appellant appeared before Judge Durham on April 5,1982 expect*90ing to plead guilty to all charges, but…