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COMMONWEALTH v. MAYHUGH

233 Pa.Super. 24 (1975)

Commonwealth v. Mayhugh, Appellant.

Superior Court of Pennsylvania.

March 31, 1975.

Attorney(s) appearing for the Case

N. Nowlis, with him John R. Cook, Trial Defender, John J. Dean, Chief, Appellate Division, and George H. Ross, Public Defender, for appellant.

Charles W. Johns, Assistant District Attorney, with him Gordon L. Young and Robert L. Eberhardt, Assistant District Attorneys, John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY JACOBS, J., March 31, 1975:

Following a jury trial the appellant herein was convicted of burglary and sentenced to a term of imprisonment of three and one half to seven years. In this direct appeal he raises two issues of constitutional dimensions: first, that he was denied a fair trial essential to due process of law when the court refused to grant a mistrial or voir dire after a juror may have seen him in the custody of two deputy sheriffs; and second...

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