UNITED STATES v. RUNDLE

No. 16809.

394 F.2d 748 (1968)

UNITED STATES of America ex rel. Charles MATHIS, Appellant, v. Alfred T. RUNDLE, Superintendent State Correctional Institution, Philadelphia, Pennsylvania, Appellee.

United States Court of Appeals Third Circuit.

Decided May 7, 1968.


Attorney(s) appearing for the Case

Michael O'S. Floyd, Drinker, Biddle & Reath, Philadelphia, Pa., for appellant.

Welsh S. White, Asst. Dist. Atty., Arlen Specter, Dist. Atty., Philadelphia, Pa. (Alan J. Davis, Asst. Dist. Atty., Chief, Appeals Division, Richard A. Sprague, First Asst. Dist. Atty., Philadelphia, Pa., on the brief), for appellee.

Before HASTIE, Chief Judge, GANEY, Circuit Judge, and WEINER, District Judge.


OPINION OF THE COURT

WEINER, District Judge.

The substance of this appeal concerns the too characteristic predicament of an indigent criminal defendant who is represented at trial by counsel hastily appointed by the court very shortly before trial itself. In the instant case, counsel for appellant was a voluntary defender, appointed on the eve of trial, who had not had a chance to interview his client but had only been able to consult the notes of a colleague...

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