Appeal from order of Court of Common Pleas, Criminal Division, of Allegheny County, Jan. T., 1969, No. 167, in case of Commonwealth of Pennsylvania v. Darryl Webster.
John J. Dean and John H. Corbett, Jr., Assistant Public Defenders, and George H. Ross, Public Defender, for appellant.
Robert L. Eberhardt and Robert L. Campbell, Assistant District Attorneys, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.
Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Justice Eagen.
On September 11, 1969, Darryl Webster was convicted by a jury in Allegheny County of murder in the
second degree. Post trial motions were later denied, and a prison sentence of ten to twenty years was imposed. No appeal was filed.
On January 15, 1973, Webster filed a petition seeking post conviction relief and, after a counseled evidentiary hearing, the trial court entered an order permitting a direct appeal to be entered from the judgment of sentence as if timely filed, but denying relief otherwise. Webster filed this appeal challenging the correctness of that part of the court's order denying post conviction relief.
The prosecution emanated from the firebombing of a family residence in Pittsburgh which resulted in the death of a sixty-eight-year-old female therein. A study of the record discloses the trial evidence was ample to establish that Webster acted in concert with other youths in committing the firebombing.
The appeal poses only one issue, namely, was Webster denied his constitutional right to effective trial counsel. Webster complains that the lawyer who represented him at trial had no personal connection with the case until the Friday immediately before the Monday the case was listed for trial, and, even though this lawyer requested a continuance of the trial to afford more time to prepare, the trial court denied this request. If these were the only pertinent facts involved, Webster's complaint might have merit, but the following additional facts in the record demonstrate the complaint is without merit.
The office of the Public Defender of Allegheny County was appointed by the court to represent Webster several months before the case was listed for trial as of Monday, September 8, 1969. On July 25, 1969, that office filed a motion to suppress evidence of an extra judicial statement made by Webster following his arrest. A hearing ...