Taylor v. Commonwealth

I respectfully dissent from the opinion of my brothers. The alchemy by which they transmute an admitted flagrant abuse of judicial discretion into harmless error would do credit to a Merlin. This legerdemain is so expedient and appealing that I am required to expose the illusion lest the goddess of justice be transformed into a sorcerer’s apprentice.

Although the crime was committed and the indictment returned several months pri- or to trial, counsel was not appointed until December 3, 1974. The trial began on December 5, 1974. If the day counsel was appointed and the day of trial are not…