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503 Pa. 29

Commonwealth v. Cooper

Supreme Court of Pennsylvania

Decided December 2, 1983

Supreme Court of Pennsylvania · decided 1983-12-02

Relies on Commonwealth v. Daniels

Decided 1983-12-02

¶1ORDER

PER CURIAM:

¶2The record having established that appellant was erroneously informed in the jury-trial-waiver colloquy that in a jury trial the defense would have to convince twelve jurors of appellant’s innocence, whereas in a non-jury trial appellant could be acquitted by proving his innocence to a single fact-finder, the trial judge, the order of the Superior Court is vacated. 308 Pa.Super. 607, 454 A.2d 162. The judgments of sentence of the Court of Common Pleas of Philadelphia are vacated, and the record is remanded to the court of common pleas for a new trial.

McDERMOTT, J., files a dissenting opinion.
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