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NELSON M. GALLOWAY. APPEAL NELSON M. GALLOWAY (07/14/78)

decided: July 14, 1978.

IN RE NELSON M. GALLOWAY. APPEAL OF NELSON M. GALLOWAY


No. 28 May Term, 1977, Appeal from Judgment of Sentence dated June 17, 1976, of the Court of Common Pleas, Criminal Division, of Dauphin County, at No. 257 Miscellaneous Docket, 197

COUNSEL

Nelson M. Galloway, pro se.

LeRoy S. Zimmerman, Dist. Atty., Marion E. MacIntyre, Second Asst. Dist. Atty., for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Roberts, J., files a concurring opinion. Eagen, C. J., and Nix, J., concur in the result. Manderino, J., files a dissenting opinion.

Author: O'brien

[ 480 Pa. Page 2]

OPINION

Appellant, Nelson Galloway, was adjudged guilty of direct criminal contempt in the Court of Common Pleas of Dauphin County. He was ordered to pay a fine of $100 and was sentenced to three days in jail. This direct appeal followed.

The facts are: Appellant, a member of the Dauphin County Bar, was the attorney of record for the defendant in the case of Commonwealth v. Laura Stoklos, in which Stoklos was charged with prostitution. Appellant first represented Stoklos at her preliminary hearing on March 5, 1976. He provided further representation on June 3, 1976, when Stoklos was formally arraigned. A plea of not guilty was entered, a jury trial was requested and trial was set for June 17, 1976.

When the case was called for trial on the scheduled date, appellant requested a continuance, stating he was unprepared to go to trial because he had not filed any pretrial motions. As appellant offered no reason for his failure to

[ 480 Pa. Page 3]

    file timely motions for pretrial relief,*fn1 the trial court refused his request for a continuance, at which time the following exchange took place:

"THE COURT: Your motion is denied.

"MR. GALLOWAY: Very well. Then I withdraw as counsel.

"THE COURT: Permission to withdraw is refused.

"MR. GALLOWAY: I do withdraw. I will not ...


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