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COMMONWEALTH v. WIDEMAN (03/30/72)

decided: March 30, 1972.

COMMONWEALTH
v.
WIDEMAN, APPELLANT



Appeal from order of the Court of Common Pleas, Trial Division, of Philadelphia, March T., 1963, Nos. 1563 to 1575, inclusive, in case of Commonwealth of Pennsylvania v. James Wideman.

COUNSEL

David H. Kubert, for appellant.

James Garrett and Milton M. Stein, Assistant District Attorneys, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First 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. Jacobs and Spaulding, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 221 Pa. Super. Page 208]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

In this appeal from the denial of his Post Conviction Hearing Act petition appellant contends that his 1964 conviction should be vacated because his counsel was subject to a conflict of interest.*fn1

At the commencement of appellant's 1966 trial his court-appointed attorney stated to the court as follows: "I would further move to sever the case of James Wideman from the other cases for several reasons: I believe justice will be done if this case is tried separately; secondly, as I notified the District Attorney's office and

[ 221 Pa. Super. Page 209]

    also said in a letter to Mr. Blake (the Court Administrator) I am obliged to be out of the state Thursday evening, and I shall remain out of the state until the third ...


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