COMMONWEALTH v. BROOKS


214 Pa.Super. 459 (1969)

Commonwealth v. Brooks, Appellant.

Superior Court of Pennsylvania.

June 12, 1969.


Attorney(s) appearing for the Case

Spencer Ervin, Jr., with him W. Bourne Ruthrauff, and Tate and Ervin, for appellant.

James D. Crawford, Assistant District Attorney, with him Victor J. DiNubile, Jr., Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.


OPINION PER CURIAM, June 12, 1969:

Judgment of sentence affirmed.

CONCURRING OPINION BY HOFFMAN, J.:

Appellant maintains that he was improperly represented at the trial which resulted in his conviction for rape. Specifically, he claims that his lawyer had a conflict of interest since he also represented appellant's co-defendant.

The alleged conflict arose when, at trial, one codefendant stated that appellant had consensual relations with the...

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