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COMMONWEALTH v. MCKNIGHT (04/18/63)

THE SUPERIOR COURT OF PENNSYLVANIA


April 18, 1963

COMMONWEALTH
v.
MCKNIGHT, APPELLANT.

Appeals, Nos. 159 and 160, Oct. T., 1962, from judgment of Court of Oyer and Terminer and General Jail Delivery of Philadelphia County, June T., 1957, No. 776, and from order of Court of Quarter Sessions of the Peace of Philadelphia County, June T., 1957, No. 777, in case of Commonwealth of Pennsylvania v. Robert McKnight. Judgment reversed.

COUNSEL

Robert McKnight, appellant, in propria persona, submitted a brief.

Burton Satzberg, Assistant District Attorney, with him Arlen Specter, Assistant District Attorney, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellee.

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

Author: Flood

[ 201 Pa. Super. Page 15]

OPINION BY FLOOD, J.

In Commonwealth v. Meehan, 409 Pa. 616, 187 A.2d 579 (1963), the Supreme Court granted a new trial to the present appellant's co-defendant Meehan because of the potentiality of harm to him arising from the fact that he and McKnight were represented by the same counsel although there was a serious conflict of interest between them as set forth in the dissenting opinion in Commonwealth v. Meehan, 198 Pa. Superior Ct. 558, at p. 567, 182 A.2d 212, at p. 217 (1962). For similar reasons a new trial is required for McKnight also.

Disposition

The judgment is reversed and a new trial is ordered.

19630418

© 1998 VersusLaw Inc.



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