Fultz v. Commonwealth

MILLIKEN, Judge.

From a conviction of armed robbery, defendant appealed on the ground that the trial court erred in refusing to appoint other counsel to represent him after he had requested dismissal of the lawyer originally appointed. He was permitted to appeal forma pauperis and a transcript of the record and testimony was supplied.

On July 7, 1964, the appellant, James Herbert Fultz, forcibly took a pistol from Carl Johnson, a police officer, while detaining him with a sawed-off shotgun. The appellant admitted he took the gun, but said he was in fear of his life because the officer with…