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COMMONWEALTH v. WILLIAMS

454 Pa. 368 (1973)

Commonwealth v. Williams, Appellant.

Supreme Court of Pennsylvania.

November 26, 1973.

Attorney(s) appearing for the Case

Dennis H. Eisman, Gerald A. Stein, and Needleman, Needleman, Tabb & Eisman, for appellant.

Maxine J. Stotland, James T. Ranney, and Milton M. Stein, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE NIX, November 26, 1973:

This case raises the interesting question of the effect of the failure of the trial judge to comply with Pa. R. Crim. P. 11011 providing in pertinent part for an on-the-record inquiry prior to the acceptance of a waiver of trial by jury.

After a non-jury trial the appellant was convicted of two indictments charging assault and battery with...

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