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COMMONWEALTH v. CALVERT ET AL. (03/19/70)

decided: March 19, 1970.

COMMONWEALTH
v.
CALVERT ET AL., APPELLANTS



Appeals from orders of Court of Oyer and Terminer of Greene County, Feb. T., 1968, No. 9, in case of Commonwealth of Pennsylvania v. Wilbur Calvert et al.

COUNSEL

Robert M. Keener, and Sayers, King & Keener, for appellant.

J. Wood Williamson, for appellant.

W. Bertram Waychoff, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 216 Pa. Super. Page 222]

Orders affirmed.

Disposition

Orders affirmed.

Concurring and Dissenting Opinion by Hoffman, J.:

Calvert and Lindley pleaded guilty to burglary, while represented by one attorney. The record reveals that at sentencing their attorney contrasted their records, noted that Calvert's was longer, and requested that Lindley be shown greater "consideration" by the court. He noted, however, that he considered both of his clients equally culpable. No appeals were taken.

Appellants subsequently filed petitions under the Post Conviction Hearing Act, Act of January 25, 1966, P. L. (1965) 1580, 19 P.S. ยง 1180. They alleged that their attorney had a conflict of interest in his representation ...


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