COMMONWEALTH v. GARNER


204 Pa.Super. 227 (1964)

Commonwealth, Appellant, v. Garner.

Superior Court of Pennsylvania.

September 17, 1964.


Attorney(s) appearing for the Case

Thomas M. Reed, Assistant District Attorney, with him Richard A. Sprague, Assistant District Attorney, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellant.

Herman I. Pollock, Defender, with him Vincent J. Ziccardi and William J. Stevens, Jr., Assistant Defenders, for appellee.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).


OPINION BY MONTGOMERY, J., September 17, 1964:

This is an appeal by the Commonwealth of Pennsylvania from an order of the Court of Quarter Sessions of the County of Philadelphia setting aside a judgment of sentence after it had been executed and granting a new trial.

On May 26, 1944, appellee, Eugene Garner, Jr., who then was 20 years of age, was indicted on a charge of assault and attempted robbery. On June 21, 1944, he appeared for trial without counsel...

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