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COMMONWEALTH v. WAKIN (12/14/61)

THE SUPERIOR COURT OF PENNSYLVANIA


December 14, 1961

COMMONWEALTH
v.
WAKIN, APPELLANT.

Appeal, No. 238, April T., 1961, from judgment of Court of Quarter Sessions of Allegheny County, Feb. T., 1961, No. 390, in case of Commonwealth v. Edward Wakin. Appeal dismissed.

COUNSEL

Edward Wakin, appellant, in propria persona.

William Claney Smith, Assistant District Attorney, and Edward C. Boyle, District Attorney, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Rhodes

[ 196 Pa. Super. Page 545]

OPINION BY RHODES, P.J.

Defendant was convicted in the Court of Quarter Sessions of Allegheny County on a number of indictments. Following the imposition of sentence, this appeal was taken on June 9, 1961, from the sentence dated May 11, 1961, imposed on indictment at No. 390, February Sessions, 1961, charging false pretense.*fn1 The

[ 196 Pa. Super. Page 546]

    sentence was that defendant undergo imprisonment of not less than two and a half years nor more than five years in the Allegheny County Workhouse. On other indictments sentence was suspended.

The court appointed a member of the Allegheny County Bar to represent defendant at the trial. The defendant requested the withdrawal of said counsel. He was apprised of his right to counsel, and that he was entitled to be represented by counsel. Having refused the services of a member of the bar appointed by the court, he insisted upon trying his own case.

After conviction he was given an opportunity to file a motion for new trial. His conduct before the Court was inexcusable. No motion for a new trial or in arrest of judgment was ever filed, and the suggestions of the trial judge were ignored.

No post-conviction motion having been filed, the appeal will be dismissed. Com. v. Mays, 182 Pa. Superior Ct. 130, 126 A.2d 530; Com. v. DeMarco, 193 Pa. Superior Ct. 16, 18, 163 A.2d 700; Com. v. Landis, 193 Pa. Superior Ct. 373, 376, 165 A.2d 110. Moreover, we are of the opinion that there is no merit in the appeal. Defendant had a fair trial and his conviction was warranted by the evidence.

Disposition

The appeal is dismissed.


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