Commonwealth v. Berry

Opinion by

Mr. Justice Roberts,

After a trial by jury in September of 1964, appellant, Thomas Berry, was convicted of prison breach.1 On April 9, 1965, this conviction was affirmed without *559opinion by the Superior Court, Commonwealth v. Berry, 205 Pa. Superior Ct. 729, 208 A. 2d 474 (1965). Both at trial and on appeal to the Superior Court appellant was represented by the same court appointed counsel.

About six days after the Superior Court’s affirmance, counsel informed Berry that he would be unable to provide further services in the case. Thereafter, on April 26, 1965, appellant filed pro se a…