Commonwealth v. Baranowski

Dissenting Opinion by

Hoffman, J.:

This case raises a question as to whether appellant was represented by a lawyer who had a conflict of interest in the criminal proceedings which led to his conviction and sentence.

At the post-conviction hearing the stipulated records of the Defender’s Association of Philadelphia were introduced. They established the following:

Appellant and his co-defendant, when in prison awaiting trial, were interviewed separately by the same Defender on April 3, 1951.

At that time, appellant told the Defender, “Pm not guilty on any of these charges. I don’t know anything…