Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

COMMONWEALTH v. LILLY (12/13/71)

SUPERIOR COURT OF PENNSYLVANIA


decided: December 13, 1971.

COMMONWEALTH
v.
LILLY, APPELLANT

Appeal from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, Nov. T., 1968, No. 17, in case of Commonwealth of Pennsylvania v. Sandy Lee Lilly.

COUNSEL

John J. Dean, Assistant Public Defender, and George H. Ross, Public Defender, for appellant.

Carol Mary Los, Assistant District Attorney, and Robert W. Duggan, 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 dissent.

Author: Per Curiam

[ 220 Pa. Super. Page 386]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

In this direct appeal, appellant raises the claim that he was denied due process of law in that he was forced to appear before the jury dressed in prison garb. His pro se petition, his attorney's brief, the trial court's opinion and the record are all silent with respect to the details of this allegation.

If appellant was in fact forced to appear before a jury clothed in prison garb during the course of his trial, he was of course denied due process of law. Commonwealth v. Keeler, 216 Pa. Superior Ct. 193, 264 A.2d 407 (1969).

It is appropriate, therefore, in the interests of justice to remand this case to the trial court for further proceedings so that some factual basis can be established in support of appellant's claim.

I would enter an order remanding this case for findings of fact on this issue.

19711213

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.