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COMMONWEALTH EX REL. EDWARDS v. MYERS. (11/14/61)

November 14, 1961

COMMONWEALTH EX REL. EDWARDS, APPELLANT,
v.
MYERS.



Appeal, No. 440, Jan. T., 1961, from judgment of Superior Court, Oct. T., 1960, No. 351, affirming order of Court of Common Pleas No. 7 of Philadelphia County, June T., 1960, No. 185, in case of Commonwealth ex rel. Harry Edwards v. David N. Myers, Superintendent. Judgment of Superior Court affirmed.*fn*

COUNSEL

Harry Edwards, appellant, in propria persona.

Louis F. McCabe and Arlen Specter, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Bok, Eagen and Alpern, JJ.

Author: Musmanno

[ 405 Pa. Page 191]

OPINION BY MR. JUSTICE MUSMANNO.

On January 27, 1957, Harry Edwards, the appellant in this case, was arrested by the police of Philadelphia and charged with armed robbery. Shortly thereafter he conferred with a reputable attorney at the bar, Joseph Skale, who on February 8, 1957 withdrew his appearance. On March 14, 1957, an appearance in behalf of Edwards was entered by H. Pollock as Voluntary Defender. On July 10, 1957, Mr. Pollock withdrew as defense counsel.

On July 23, 1957, Edwards' case was called for trial and in open court the following colloquy took place between the defendant and the trial assistant district attorney, Alfred P. Filippone: "MR. FILIPPONE: I have just talked with the defendant and he is not represented by anyone in this case, your Honor. It has been listed seven times, according to the sheet, and the last time it was continued because he had no attorney. I spoke to him today and he said he wants to get the case over with and he wants to go on without his attorney. BY MR. FILIPPONE: (To Defendant) Q. Is that right, Mr. Edwards? A. Yes, sir. THE COURT: Does he want a jury trial? MR. FILIPPONE: He said he wanted your Honor to decide the case. Q. Is that right? A. Yes.

[ 405 Pa. Page 192]

THE COURT: All right. (The defendant having been arraigned pleads not guilty and waives jury trial.)"

Later on Mr. Filippone verified that this colloquy had been duly recorded by the court reporter.

The first witness in the trial, Leon A. Kligman, identified the defendant as the man who had robbed him. After he testified, the trial court said to the defendant: "You are entitled to ask him anything you want to now in your cross-examination. You can question him, ...


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