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COMMONWEALTH v. WILLIAMS (06/13/68)

decided: June 13, 1968.

COMMONWEALTH
v.
WILLIAMS, APPELLANT



Appeal from judgment of sentence of Court of Oyer and Terminer and Quarter Sessions of Philadelphia County, Oct. T., 1966, No. 2192, in case of Commonwealth of Pennsylvania v. Arthur Williams.

COUNSEL

John W. Packel and Melvine Dildine, Assistant Defenders, and Herman I. Pollock, Defender, for appellant.

Alan J. Davis, Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Dissenting Opinion by Hoffman, J. Montgomery, J., joins in this dissenting opinion.

Author: Per Curiam

[ 212 Pa. Super. Page 295]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant was convicted of aggravated assault and battery and sentenced to one and a half to three years. The Voluntary Defender prosecuting this appeal reviewed the facts and stated: "There are no issues present in the record which counsel can reasonably argue to the Superior Court." Specifically, the Defender stated: "Counsel has reviewed the record and finds that the testimony of the victim and his wife was sufficient to convict the appellant on the charge of aggravated assault and battery. Counsel also has reviewed the record for possible trial errors and finds none of any substance."

Counsel then requested permission to withdraw. A pro se brief was then filed by appellant in which he requested that new counsel be appointed to prosecute

[ 212 Pa. Super. Page 296]

    his appeal pursuant to Douglas v. California, 37 ...


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