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COM. v. VON SMITH

486 Pa. 564 (1979)

406 A.2d 1034

COMMONWEALTH of Pennsylvania v. William VON SMITH, Appellant.

Supreme Court of Pennsylvania.

Reassigned September 21, 1979.

Decided October 23, 1979.

Attorney(s) appearing for the Case

Bruce D. Foreman, Harrisburg, for appellant.

Marion E. MacIntyre, Second Asst. Dist. Atty., for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, MANDERINO, LARSEN and FLAHERTY, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

Appellant seeks relief under the Post Conviction Hearing Act1 (PCHA) on the ground that he was denied effective assistance of counsel at trial.2 Appellant bases this claim on the fact that trial counsel failed to timely move for severance. We agree and reverse the judgment of sentence and order a new trial.

Appellant...

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