COMMONWEALTH v. DeSIMONE


434 Pa. 420 (1969)

Commonwealth v. DeSimone, Appellant.

Supreme Court of Pennsylvania.

April 23, 1969.


Attorney(s) appearing for the Case

William J. Franks, for appellant.

A.J. Kuzdenyi, First Assistant District Attorney, and Joseph E. Kovach, District Attorney, for Commonwealth, appellee.

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


OPINION BY MR. JUSTICE O'BRIEN, April 23, 1969:

On September 15, 1940, John DeSimone was convicted, after trial by jury, of various offenses. He was sentenced on the same date and took no appeal. Appellant is now seeking post-conviction relief, asserting that (1) he was denied the right to appeal; (2) he was not given the effective assistance of counsel; and (3) he was denied the right to have counsel present at the time of the rendering of the verdict and at the...

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