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COM. v. SORRELL

500 Pa. 355 (1982)

456 A.2d 1326

COMMONWEALTH of Pennsylvania v. William SORRELL, Appellant. COMMONWEALTH of Pennsylvania v. June O'BRYANT, Appellant. COMMONWEALTH of Pennsylvania v. Talmadge GARWOOD, Appellant. COMMONWEALTH of Pennsylvania v. Robert SMITH, Appellant.

Supreme Court of Pennsylvania.

Decided December 30, 1982.

Reargument Denied March 11, 1983.

Attorney(s) appearing for the Case

William Lee Akers, Philadelphia, for Sorrell.

Victor J. DiNubile, Jr., Steve B. Hilkowitz, Philadelphia, for O'Bryant.

Steven Dickstein, Philadelphia, for Garwood.

John W. Packel, Chief, Appeals Div., Elaine DeMasse, Leonard Sosnov, Asst. Public Defenders, Philadelphia, for Smith.

Robert B. Lawler, Chief, Appeals Div., Eric B. Henson, Deputy District Atty., for appellee.

Before O'BRIEN, C.J. and ROBERTS, NIX, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

Appellants were tried and convicted by the Court of Common Pleas of Philadelphia sitting with a jury. Prior to trial each of the appellants made a request pursuant to Pennsylvania Rule of Criminal Procedure 1101 to waive trial by jury. Under Rule 1101, an accused who elects to forgo his constitutional right to be tried by a jury may be tried by a judge if he obtains the court...

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