No. 609 Philadelphia, 1980, Appeal from Order of the Court of Common Pleas, Criminal Division, of Cumberland County, at No. 775 of 1979.
Taylor P. Andrews, Public Defender, Carlisle, for appellant.
J. Michael Eakin, Assistant District Attorney, Carlisle, for Commonwealth, appellee.
Spaeth, Hester and Cavanaugh, JJ.
[ 283 Pa. Super. Page 175]
This is an appeal from an order of the trial court dated February 4, 1980, which refused a petition filed on January 11, 1980, by appellant Robert Lehman Bear to have the testimony of Gail G. Bear transcribed by the court stenographer and delivered to Mr. Bear upon his payment of the cost of transcription and copying.
Appellant had been subjected to criminal charges in Cumberland County and was found not guilty by a jury on December 4, 1979.
The only issue on appeal is the propriety of the court's order refusing the request to permit the notes of testimony to be transcribed and sold to Mr. Bear.
The parties agree that the controlling statute provides:
The law judges of each of the several courts of oyer and terminer and general jail delivery, and of the courts of quarter sessions of the peace, shall employ the official stenographer or stenographers of the courts of common pleas of the particular county, to report the proceedings of
[ 283 Pa. Super. Page 176]
the said court, whenever requested so to do by any defendant or defendants, or his, her or their counsel, before or during the trial of any case in any of said courts: Provided, further, That in all cases tried in the several courts of oyer and terminer and general jail delivery, if the request or requests for a copy of the notes of testimony are made within ninety (90) days from date of verdict, or at any time if in the discretion of the court such request should be granted, the defendant or defendants shall be furnished with a copy of the notes of testimony taken at his, her or their request, which said notes shall be paid for by the county in which said case is tried, except, however, that where the court finds that the defendant or defendants making the request are able to pay for the copies, the cost thereof shall be paid by such defendant or defendants and shall be taxed as costs and paid to the county.
Act of May 1, 1907, P.L. 135 § 2, as amended, 17 P.S. § 1802, repealed Act of April 28, 1978, § 2(A) P.L. 202, No. 53, ...