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COMMONWEALTH v. BARANOWSKI (06/12/69)

decided: June 12, 1969.

COMMONWEALTH
v.
BARANOWSKI, APPELLANT



Appeal from order of Court of Quarter Sessions of Philadelphia County, April T., 1951, Nos. 1189 to 1194, inclusive, and 1197, in case of Commonwealth of Pennsylvania v. Joseph Baranowski.

COUNSEL

Sanford Kahn, for appellant.

James D. Crawford, Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 214 Pa. Super. Page 465]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

This case raises a question as to whether appellant was represented by a lawyer who had a conflict of interest in the criminal proceedings which led to his conviction and sentence.

At the post-conviction hearing the stipulated records of the Defender's Association of Philadelphia were introduced. They established the following:

Appellant and his co-defendant, when in prison awaiting trial, were interviewed separately by the same Defender on April 3, 1951.

At that time, appellant told the Defender, "I'm not guilty on any of these charges. I don't know anything about any of these charges. . . . On the night of my arrest I carried a gun for my protection. I bought it from a numbers writer but I do not know anything about any of these ...


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