Commonwealth v. Banks

Dissenting Opinion by

Mr. Justice Roberts:

Not only does the majority’s disposition of this appeal fly in the face of controlling United States Supreme Court cases, but in a matter of first impression for this Court it owes both the Bench and Bar, as well as appellant Banks, more than a cryptic “Per Curiam: Order affirmed.” We are here confronted with a factual situation calling for a re-examination of the status of our cases dealing with untranscribed records in criminal cases in light of the principles enunciated in Douglas v. California, 372 U.S. 353, 83 S. Ct. 814 (1963) and Norvell v.…