Commonwealth v. McKnight

Superior Court of Pennsylvania

Commonwealth v. McKnight

190 A.2d 363, 201 Pa. Super. 14, 1963 Pa. Super. LEXIS 359

Superior Court of Pennsylvania·Decided April 18, 1963·No. Appeals, Nos. 159 and 160·Published·Cited by 1 cases

Opinion

Opinion by

Flood, J.,

In Commonwealth v. Meehan, 409 Pa. 616, 187 A. 2d 579 (1963), the Supreme Court granted a new trial to the present appellant’s co-defendant Meehan because of the potentiality of harm to him arising from the fact that he and McKnight were represented by the same counsel although there was a serious conflict of interest between them as set forth in the dissenting opinion in Commonwealth v. Meehan, 198 Pa. Superior Ct. 558, at p. 567, 182 A. 2d 212, at p. 217 (1962). For similar reasons a new trial is required for McKnight also.

The judgment is reversed and a new trial is ordered.

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Opinion by

Flood, J.,

In Commonwealth v. Meehan, 409 Pa. 616, 187 A. 2d 579 (1963), the Supreme Court granted a new trial to the present appellant’s co-defendant Meehan because of the potentiality of harm to him arising from the fact that he and McKnight were represented by the same counsel although there was a serious conflict of interest between them as set forth in the dissenting opinion in Commonwealth v. Meehan, 198 Pa. Superior Ct. 558, at p. 567, 182 A. 2d 212, at p. 217 (1962). For similar reasons a new trial is required for McKnight also.

The judgment is reversed and a new trial is ordered.

Commonwealth v. McKnight, 190 A.2d 363, 201 Pa. Super. 14, 1963 Pa. Super. LEXIS 359 (Pa. Ct. App. 1963).

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Opinion

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