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COMMONWEALTH EX REL. RICHWINE v. RUSSELL (10/19/66)

decided: October 19, 1966.

COMMONWEALTH EX REL. RICHWINE, APPELLANT,
v.
RUSSELL



Appeal from order of Court of Common Pleas of Cumberland County, Feb. T., 1966, No. 784, in case of Commonwealth ex rel. Ronald Gene Richwine v. Harry E. Russell, Superintendent.

COUNSEL

Ronald Gene Richwine, appellant, in propria persona.

Richard C. Snelbaker, District Attorney, for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 208 Pa. Super. Page 477]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

I respectfully dissent, for two reasons.

I

Appellant asserts that he was prejudiced before the jury at his original trial, because the jurors were permitted to see him in handcuffs outside the courtroom. On the return of a guilty verdict, he requested his court-appointed counsel to seek a new trial because of that incident. Although his counsel did submit a written motion, she refused to present any argument because she believed that defendant's claim of prejudice was without merit.

The right of an indigent defendant to the effective assistance of counsel is not confined, however, to "meritorious cases." Commonwealth ex rel. Newsome v. Myers, 422 Pa. 240, 220 A.2d 886 (1966). As was said in Commonwealth ex rel. Cunningham v. Maroney, 421 Pa. 157, 160, 218 A.2d 811, ...


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