Commonwealth Ex Rel. Whitling v. Russell

Opinion by

Mr. Justice Benjamin R. Jones,

Upon this appeal a very narrow issue is presented: two defendants, with antagonistic defenses, having been called for trial and the trial court having appointed as counsel for one defendant an attorney previously retained to represent the other defendant, was the latter prejudiced by the conflict of interest created by such appointment? Basically, this question evaluates the right of a defendant, even in a non-capital case, to be represented, if at all, by counsel without conflicting interests.

Richard Whitling [appellant] and his brother, Ralph…