STATEMENT OF THE CASE

        This is an appeal from the sentence imposed by the Court of Common Pleas of Philadelphia Country, Criminal Trial Division, dated November 30, 1995, February Term.  Information Nos. 0989-0992, 1994.

    On February 28, 1994, formal arraignment was waived, and a plea of Not Guilty was entered, by counsel on behalf of appellant Frederick Thomas.

     On May 16, 1994 a Motion to Quash was heard, and Denied. The case was placed in the Ready Pool as a jury trial.

      On October 17, 1994, the defendant was formally arraigned before the Honorable Judge Juanita Kidd Stout, and plead not guilty to all charges.  On that same date, the jury trial commenced.

    On October 26, 1994, the jury announced after being polled that it was hung, and a mistrial was declared.  The case was continued until February 1, 1995 for relistment for trial.

    On February 13, 1995, a joint request was made for bench warrants for two Commonwealth and or defense witness Brenda L. Gregory and Maria Fielding, with the DA to serve those bench warrants.

    On February 15, 1995 a jury trial was requested.

    On February 21, 1996, the defendant was arraigned and entered a plea of Not Guilty to Bills #0991  Murder, and # 0992  Possessing an Instrument of Crime.

    On February 27, 1995, jury found Frederick Thomas guilty of Murder, Bill of Information #0991 and Possessing an Instrument of Crime, Bill of Information # 0992.

    On February 28, 1995, the jury returned a verdict of the Death Penalty against Frederick Thomas to Death in the Penalty Phase of the trial.  Sentencing was deferred until May 15, 1995 pending post verdict motions.  Sentencing was subsequently continued until November 30, 1995.

    On November 30, 1995 the defendant was sentenced on Bill #0991 Murder to the Death Penalty on this matter.  The second count merged for the purposes of sentencing.  Sentence was suspended on Bill #0992.

    On December 26, 1995, the notice of appeal was filed in the Supreme Court of Pennsylvania.

                                        SUMMARY OF ARGUMENT
 

    Appellant alleges nine major issues involving errors made by the trial court.  Appellant asks this court to focus its attention on the following issues:
(1) the verdict was not supported by the weight and sufficiency of the evidence,
(2) a Batson v. Kentucky  argument,
(3) the failure of the trial judge to grant a continuance to find a necessary defense witness,
(4) testimony from an irrelevant witness that should have been stricken,
(5) a charge on voluntary manslaughter that was requested and never given
(6) a Pounds charge that was requested and never given,
(7) an incorrect charge on third degree murder,
(8) failing to life qualify the jury and,
(9) allowing the prosecutor to make prejudicial remarks that prejudiced his right to a fair trial.