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UNITED STATES EX REL. CAREY v. RUNDLE

No. 17564.

409 F.2d 1210 (1969)

UNITED STATES of America ex rel. Harry E. CAREY v. A. T. RUNDLE, Supt., Appellant.

United States Court of Appeals Third Circuit.

Decided April 18, 1969.

Attorney(s) appearing for the Case

Roger F. Cox, Asst. Dist. Atty., Philadelphia, Pa. (James D. Crawford, Asst. Dist. Atty., Chief, Appeals Div., Richard A. Sprague, First Asst. Dist. Atty., Arlen Specter, Dist. Atty., Philadelphia, Pa., on the brief), for appellant.

Richard S. Seltzer, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellee.

Before VAN DUSEN, ALDISERT and STAHL, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

In this case we come to grips with a familiar phrase: "every defendant in a criminal proceeding is entitled to have counsel of his own choice". This is a lay expression, albeit often articulated by those trained in the law1 as a paraphrase of the Sixth Amendment: "In all criminal prosecutions, the accused shall * * have the Assistance of Counsel for his defense."

We must decide...

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