OPINION
LARSEN, Justice.In 1971, appellant was convicted of murder in the second degree in connection with the stabbing death of his girlfriend. Motions for new trial and in arrest of judgment were denied. He was sentenced to ten to twenty years’ imprisonment. On appeal, judgment of sentence was affirmed by this Court.1 Subsequently, appellant filed a petition under the Post Conviction Hearing Act requesting a new trial and/or release from custody and discharge. The lower court dismissed the petition and this appeal resulted.
Appellant presents three issues for review: whether the trial court erred in its instructions to the jury regarding the use of intoxication evidence to negate elements of the crime; whether the court abused its discretion by admitting into evidence certain photographs of the victim and of the scene of the crime; and whether appellant was denied effective assistance of counsel.
*585Appellant’s first argument is that since he was on drugs at the time of the killing, the trial court erred in not charging the jury that a finding of intoxication could negate elements of the crime of murder and, therefore, reduce the jury’s consideration to a charge of voluntary manslaughter. This argument relies on Commonwealth v. Graves, 461 Pa. 118, 334 A.2d 661 (1975), held to apply retroactively by Commonwealth v. Grello, 464 Pa. 250, 346 A.2d 543 (1975).2 These cases expanded the use of evidence of voluntary intoxication to negate specific intent in crimes other than first degree murder, and required the judge to give appropriate jury instructions. This expansion was reversed by the General Assembly one year later.3 Even if we assume, arguendo, that Graves applies retroactively to this case because of Grello,4 it would not require a different result. Appellant’s argument that the jury should be instructed on the possibility of reducing the crime to voluntary manslaughter, would require the negation of malice, the element distinguishing murder from manslaughter.5 Graves addresses only specific intent. While evidence of alcohol or drug intoxication in a murder case may be used to negate intent *586and thereby reduce the crime to a lesser degree of murder, in no event can it change the character of the crime from murder to manslaughter.6 Commonwealth v. England, 474 Pa. 1,375 A.2d 1292 (1977). Appellant’s argument thus fails.
Appellant next argues that it was error for the court to admit into evidence photographs of the victim and of the scene of the crime. Having failed to raise this question on direct appeal, appellant has waived the issue. Act of January 25, 1966, P.L. (1965) 1580 [19 P.S. § 1180-4 (Supp.1978)].
The final question is whether appellant was denied effective assistance of counsel. We stated in Commonwealth ex rel. Washington v. Maroney, “counsel’s assistance is deemed constitutionally effective once we are able to conclude that the particular course chosen by counsel had some reasonable basis designed to effectuate his client’s interests”. 427 Pa. 599, 604, 235 A.2d 349, 352 (1967). We find that appellant received effective assistance of counsel.
Appellant’s first two claims hereunder allege that his attorneys (two public defenders) were ineffective because they failed to appeal the jury charge on intoxication (discussed prior), and failed to object to the photographic exhibits. Since the state of the law at the time of trial clearly supported the jury charge on the use of intoxication evidence, it would have been frivolous for counsel to appeal this matter. The record clearly shows that counsel did object to introduction of the photos. Hence, these ineffective assistance claims are without merit.
The third claim of ineffective assistance concerns counsel’s failure to appeal the lower court’s denial of a motion to suppress evidentiary use of oral statements made to the police by appellant at the time of his arrest. At the post-conviction hearing, appellant’s former counsel testified that he had considered the issue waived because appellant, in taking the witness stand, had testified as to the state*587ments in question. Counsel also told the court that he had forewarned appellant that such testimony would operate as a waiver. Since appellant’s testimony constituted a voluntary and knowing waiver, counsel, quite properly, recognized he was barred from raising the suppression issue on appeal. Thus, we find no ineffective assistance of counsel on this issue.
The final aspect of the ineffectiveness issue involves the failure of counsel to inform appellant of his alleged right to have a court-appointed counsel other than a member of the public defender’s staff. There is no such right. While an indigent is entitled to court-appointed counsel at no cost, he cannot insist upon a counsel other than the public defender. Commonwealth v. Johnson, 428 Pa. 210, 236 A.2d 805 (1968). Furthermore, the court will not grant a motion for change of counsel except for substantial reasons. Pa.R.Crim.P. 316(c)(ii); Commonwealth v. Tyler, 468 Pa. 193, 360 A.2d 617 (1976). At the PCHA hearing, where he first raised this question, appellant expressed a vague notion that he might have been able to obtain an attorney with more experience in handling homicide cases. He failed to present any substantial reasons which would have justified reassignment of counsel even if he had made such a request. Nor did he ever express dissatisfaction with his public defender.
Order affirmed.
NIX, J., filed a concurring opinion in which POMEROY, J., joined. ROBERTS and MANDERINO, JJ., concurred in the result.. Commonwealth v. Coleman, 458 Pa. 112, 326 A.2d 387 (1974), aff’g 35 Lehigh L.J. 90 (1972), dealing solely with the admissibility of hearsay testimony by the victim’s mother relating a telephone conversation with the victim moments before the stabbing.
. While appellant did not raise the issue of jury instructions on direct appeal, this issue was not waived because appellant is arguing for retroactive application of subsequent law, and his PCHA hearing was the first opportunity for him to raise this question.
. The legislature provided:
“Neither voluntary intoxication nor voluntary drugged condition is a defense to a criminal charge, nor may evidence of such conditions be introduced to negative the element of intent of the offense, except that evidence of such intoxication or drugged condition of the defendant may be offered by the defendant whenever it is relevant to reduce murder from a higher degree to a lower degree of murder.” 18 Pa.C.S.A. § 308 (enacted April 7, 1976).
. While Grello held Graves was to be applied retroactively to a case pending direct appeal, it did not decide the question whether Graves should apply to a case whose direct appeal has been already decided and which is at the post-conviction relief stage following that direct appeal. The question is further complicated by the statutory abrogation of Graves after the direct appeal but prior to resolution of the PCHA proceeding. However, given our resolution of the substantive issue, we need not address the retroactivity question.
. See 18 Pa.C.S.A., §§ 2502, 2503 (Supp.1978).
. “Voluntary manslaughter” is not a lesser degree of “murder”; the two crimes constitute separate classes of the offense of “criminal homicide”. See 18 Pa.C.S.A. § 2501 (Supp.1978).