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COM. ex rel. LUCAS v. RUSSELL

432 Pa. 357 (1968)

Commonwealth ex rel. Lucas, Appellant, v. Russell.

Supreme Court of Pennsylvania.

November 27, 1968.

Attorney(s) appearing for the Case

James P. McKenna, Jr., for appellant.

Charles B. Watkins, Assistant District Attorney, and Robert W. Duggan, District Attorney, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION PER CURIAM, November 27, 1968:

Order affirmed, the Court being evenly divided.

Mr. Justice MUSMANNO did not participate in the decision of this case.

DISSENTING OPINION BY MR. JUSTICE ROBERTS:

When appellant appeared for trial, he was not represented by counsel. The attorney hired by his codefendant either volunteered or was appointed by the court to defend appellant also. Appellant claims that a conflict of interest arose because his...

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