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COMMONWEALTH v. TATE

473 Pa. 478 (1977)

375 A.2d 341

COMMONWEALTH of Pennsylvania v. Gregory TATE, Appellant.

Supreme Court of Pennsylvania.

Decided July 8, 1977.

Attorney(s) appearing for the Case

A. Martin Herring, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Abraham J. Gafni, Deputy Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Jane C. Greenspan, Philadelphia, for appellee.

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

OPINION

EAGEN, Chief Justice.

On January 18, 1974, Gregory Tate was found guilty of murder of the second degree following a trial during which defense counsel stipulated to virtually all of the Commonwealth's evidence. No post-verdict motions were filed, but a direct appeal from the judgment of sentence was filed in this Court. When the appeal came before us initially, we were unable to determine from the record whether Tate effectively waived his right...

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