United States of America Ex Rel. Charles Mathis v. Alfred T. Rundle, Superintendent State Correctional Institution, Philadelphia, Pennsylvania

OPINION OF THE COURT

WEINER, District Judge.

The substance of this appeal concerns the too characteristic predicament of an indigent criminal defendant who is represented at trial by counsel hastily appointed by the court very shortly before trial itself. In the instant case, counsel for appellant was a voluntary defender, appointed on the eve of trial, who had not had a chance to interview his client but had only been able to consult the notes of a colleague who had previously been able to do so, as well as to spend about half an hour with witnesses in the courtroom just prior to the time of…