Commonwealth v. Barnette

Opinion by

Mr. Justice Roberts,

The question presented is whether defendant William Barnette voluntarily and intelligently waived bis constitutional right to the assistance of counsel during the jury selection stage of his trial. We hold that the record indicates no such waiver and accordingly remand for a new trial.

Petitioner William Barnette and another youth were arrested and charged with larceny and receiving stolen goods. Tn the jury selection proceedings of their joint trial the following colloquy took place:

“By Judge McDonald :

I think we should ask Mr. Barnett [sic] if he is agreeable to…