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COMMONWEALTH v. SEARLES

450 Pa. 384 (1973)

Commonwealth v. Searles, Appellant.

Supreme Court of Pennsylvania.

March 16, 1973.

Attorney(s) appearing for the Case

Barry J. Goldstein, with him Malcolm H. Waldron, Jr., for appellant.

Bonnie B. Leadbetter, Assistant District Attorney, with her Milton M. Stein, Assistant District Attorney, 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 O'BRIEN, March 16, 1973:

Appellant was sentenced on September 14, 1971, upon a conviction of a charge of assault with intent to rob, to a two to ten year term. The judgment of sentence was affirmed by the Superior Court on February 10, 1972. We granted appellant's petition for the allowance of an appeal to our Court because of our concern with the effects which Pennsylvania Rule of Criminal Procedure 312, the alibi-notice rule, had on his trial...

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