Commonwealth v. Abrams

Supreme Court of Pennsylvania

Commonwealth v. Abrams

336 A.2d 308, 461 Pa. 327, 1975 Pa. LEXIS 772

CourtSupreme Court of Pennsylvania

DecidedApril 17, 1975

Docket88

StatusPublished

Cited by21 cases

This text of 336 A.2d 308 (Commonwealth v. Abrams) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Commonwealth v. Abrams, 336 A.2d 308, 461 Pa. 327, 1975 Pa. LEXIS 772 (Pa. 1975).

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Opinion

OPINION OF THE COURT

EAGEN, Justice.

Harry Abrams was called to testify as a Commonwealth witness in the trial of the Commonwealth v. Virgil Coonfare, who was charged with having participated in the commission of a robbery with Abrams in Beaver County. 1 When Abrams refused to testify saying, “I stand on the Fifth Amendment”, he was warned by the trial judge that his prior plea of guilty to the robbery charge prevented him from then claiming any privilege. When Abrams persisted in his refusal to testify, he was adjudged guilty of “criminal contempt” and given a prison sentence of six months on the contempt adjudication, this sentence to run consecutively to the prison sentence previously imposed on the robbery conviction. The adjudication of contempt and sentence imposed must be reversed.

During the contempt proceedings in the trial court, Abrams was without the assistance of legal counsel. Moreover, he was not advised of his right to such assistance and admittedly did not knowingly and intelligently waive this right. Under these circumstances, the proceedings violated due process and render the adjudication of contempt null and void. See Argersinger v. Hamlin, *329 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972), and Commonwealth v. Bethea, 445 Pa. 161, 282 A.2d 246 (1971).

Order and judgment reversed.

JONES, C. J., did not participate in the consideration or decision of this case.

1

. Abrams had previously plead guilty to having committed the robbery and had been sentenced to prison.

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OPINION OF THE COURT

EAGEN, Justice.

Harry Abrams was called to testify as a Commonwealth witness in the trial of the Commonwealth v. Virgil Coonfare, who was charged with having participated in the commission of a robbery with Abrams in Beaver County. 1 When Abrams refused to testify saying, “I stand on the Fifth Amendment”, he was warned by the trial judge that his prior plea of guilty to the robbery charge prevented him from then claiming any privilege. When Abrams persisted in his refusal to testify, he was adjudged guilty of “criminal contempt” and given a prison sentence of six months on the contempt adjudication, this sentence to run consecutively to the prison sentence previously imposed on the robbery conviction. The adjudication of contempt and sentence imposed must be reversed.

During the contempt proceedings in the trial court, Abrams was without the assistance of legal counsel. Moreover, he was not advised of his right to such assistance and admittedly did not knowingly and intelligently waive this right. Under these circumstances, the proceedings violated due process and render the adjudication of contempt null and void. See Argersinger v. Hamlin, *329 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972), and Commonwealth v. Bethea, 445 Pa. 161, 282 A.2d 246 (1971).

Order and judgment reversed.

JONES, C. J., did not participate in the consideration or decision of this case.

1

. Abrams had previously plead guilty to having committed the robbery and had been sentenced to prison.

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336 A.2d 308, 461 Pa. 327, 1975 Pa. LEXIS 772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-abrams-pa-1975.

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