COM. ex rel. SLIVA v. RUNDLE


207 Pa.Super. 385 (1966)

Commonwealth ex rel. Sliva, Appellant, v. Rundle.

Superior Court of Pennsylvania.

March 24, 1966.


Attorney(s) appearing for the Case

Henry Sliva, appellant, in propria persona.

Ralph B. D'Iorio and John R. Graham, Assistant District Attorneys, Domenic D. Jerome, First Assistant District Attorney, and Jacques H. Fox, District Attoruey, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, FLOOD, JACOBS, and HOFFMAN, JJ.


OPINION PER CURIAM, March 24, 1966:

Order affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

I dissent. The lower court found that appellant "was not deprived of a constitutional right when he elected to pursue his motion for a new trial and his appeal to the Superior Court without benefit of counsel. He made no application in this respect and cannot now complain simply because his appeal was not successful."

The record reflects, however, that appellant...

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