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COMMONWEALTH v. MEASE (11/21/73)

decided: November 21, 1973.

COMMONWEALTH
v.
MEASE, APPELLANT



Appeals from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Dec. T., 1970, No. 1274, and May T., 1971, No. 485, in case of Commonwealth of Pennsylvania v. Leslie Mease, a/k/a John Morris.

COUNSEL

Anne F. Johnson, Assistant Defender, with her John W. Packel, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

John H. Isom, Assistant District Attorney, with him James T. Ranney and Milton M. Stein, Assistant District Attorneys, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 226 Pa. Super. Page 256]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant contends that the trial court committed prejudicial error in denying a request for a continuance until such time as appellant's case could be listed for trial before another judge.

On August 8, 1972, the appellant appeared before the Honorable Stanley L. Kubacki, charged in Bills of Indictments Nos. 484-485 with violations of the Uniform Firearms Act. Appellant entered a plea of not guilty and waived trial by jury. A demurrer was sustained as to Indictment No. 484. Defense counsel thereupon requested a continuance for a second case involving appellant which was scheduled to be heard that same day. This request was denied by the Court.*fn1

[ 226 Pa. Super. Page 257]

Appellant was immediately thereafter tried before Judge Kubacki, without a jury, on a second charge -- burglary of a motor vehicle. Appellant was found guilty and sentenced to a term of imprisonment of two to ten months to be served consecutively with the firearms ...


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