Appeal from order of Superior Court, April T., 1970, No. 358, affirming judgment of sentence of Court of Common Pleas of Cambria County, Sept. T., 1969, No. C-67, in case of Commonwealth of Pennsylvania v. William Barnette.
William K. Eckel, for appellant.
Thomas W. Nelson, Assistant District Attorney, with him Ferdinand F. Bionaz, District Attorney, for Commonwealth, appellee.
Jones, Eagen, O'Brien, Roberts, Pomeroy and Barbieri, JJ. Opinion by Mr. Justice Roberts. Mr. Chief Justice Bell took no part in the consideration or decision of this case.
The question presented is whether defendant William Barnette voluntarily and intelligently waived his constitutional right to the assistance of counsel during the jury selection stage of his trial. We hold that the record indicates no such waiver and accordingly remand for a new trial.
Petitioner William Barnette and another youth were arrested and charged with larceny and receiving stolen goods. In the jury selection proceedings of their joint trial the following colloquy took place:
I think we should ask Mr. Barnett [sic] if he is agreeable to the selection of the jury.
I think we should ask him that. Mr. Barnett, will you come up here, please?
Now, Mr. Barnett, I have been informed that Mr. Eckel, your counsel, is in Johnstown with a broken down automobile, and his ...