Commonwealth v. Swint

431 A.2d 1001, 494 Pa. 569, 1981 Pa. LEXIS 871
Supreme Court of Pennsylvania·Decided July 8, 1981·No. Nos. 544 and 551·Published

Opinions

OPINION OF THE COURT

FLAHERTY, Justice.

Appellant Matthew Swint was convicted in the Court of Common Pleas of Philadelphia of murder of the first degree and aggravated assault. Appellant took a direct appeal to this Court, whereupon we remanded for further factual determinations. Commonwealth v. Swint, 488 Pa. 279, 412 A.2d 507 (1980). Appellant asserts a denial of his Sixth Amendment right to effective assistance of counsel in that counsel failed to object to commencement of trial beyond the period prescribed by Rule 1100(e).

After a thorough review of the briefs and the record we hold appellant was not denied effective assistance of counsel at trial, and, therefore, we affirm.

Judgment of sentence affirmed.

ROBERTS, J., filed a dissenting opinion.

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Commonwealth v. Swint, 431 A.2d 1001, 494 Pa. 569, 1981 Pa. LEXIS 871 (Pa. 1981).

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373 A.2d 1355 (Supreme Court of Pennsylvania, 1977)