Commonwealth v. Lehman

Opinion by

Mr. Justice Linn,

The first subject of complaint is that the court erred “in requesting the attorney general to appoint a special prosecutor to conduct the prosecution,” and in permitting the appointee to “try the indictment against the appellant as counsel for the Commonwealth, because the request and appointment were not authorized by section 907 of the Act of April 9, 1929, article IX, P. L. 177, 239,” 71 PS, page 108, section 297.

The point is without merit, if we assume, without deciding, that it may be made by defendant. We note, first, that appellant made no objection until…