Appeal from order of Court of Common Pleas of Delaware County, June T., 1962, No. 3642, in case of Commonwealth ex rel. Henry Sliva v. A. T. Rundle, Superintendent.
Henry Sliva, appellant, in propria persona.
Ralph B. D'Iorio and John R. Graham, Assistant District Attorneys, Domenic D. Jerome, First Assistant District Attorney, and Jacques H. Fox, District Attorney, for appellee.
Ervin, P. J., Wright, Watkins, Montgomery, Flood, Jacobs, and Hoffman, JJ. Dissenting Opinion by Hoffman, J.
[ 207 Pa. Super. Page 385]
Dissenting Opinion by Hoffman, J.:
I dissent. The lower court found that appellant "was not deprived of a constitutional right when he elected to pursue his motion for a new trial and his appeal to the Superior Court without benefit of counsel. He made no application in this respect and cannot now complain simply because his appeal was not successful."
The record reflects, however, that appellant told the trial judge that he wished to file a motion for a new
[ 207 Pa. Super. Page 386]
trial and to appeal. Nonetheless, the court permitted appellant's trial counsel to withdraw from the case at that stage. Appellant then ...