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COMMONWEALTH v. RUDITYS (06/13/68)

decided: June 13, 1968.

COMMONWEALTH
v.
RUDITYS, APPELLANT



Appeal from order of Court of Quarter Sessions of Lancaster County, June T., 1966, Nos. 284 and 285, in case of Commonwealth of Pennsylvania v. Thomas R. Ruditys.

COUNSEL

Robert M. Going, for appellant.

Theodore A. Parker, Assistant District Attorney, and Clarence C. Newcomer, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 212 Pa. Super. Page 303]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant was tried and found guilty by a jury of conspiracy and larceny on September 22, 1966. Appellant's counsel filed motions for a new trial and arrest of judgment after the verdict. On October 14, 1966, after a conversation between counsel and appellant, the motions were withdrawn and appellant was sentenced to a term of three and one half to seven years.

On May 22, 1967, appellant filed a petition under the Post Conviction Hearing Act alleging that he was denied the assistance of counsel on appeal and that the notes of testimony of his trial were not given to him by the court. Hearings were held on June 8, 1967, and September 11, 1967. The Court denied appellant relief on November 3, 1967, and from that denial, this appeal followed.

Appellant first alleges that he was denied his constitutional right to assistance of counsel on appeal as required by Douglas v. California, 372 U.S. 353 (1963) and Commonwealth v. Sliva, 415 Pa. 537, 204 ...


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