205 Pa. Super. 375 | Pa. Super. Ct. | 1965
Opinion by
Relator’s petition for a writ of habeas corpus was dismissed without a hearing and this appeal followed. It raises but two questions, viz.: (a) Was relator denied due process by the refusal of his counsel’s motion for a continuance, and (b) was he denied due process because his counsel represented relator as well as his two codefendants.
From the foregoing statement it appears clear that Mr. Brereton had over a month to prepare relator’s case, i.e., from at least April 11, 1962, until May 16, 1962, although he had been assigned to it previously. It may be reasonably concluded that he may not have done much about investigating and preparing it prior
Kelator’s second argument is also without merit. He, as well as his codefendants, denied any implication in the crimes with which they were charged. No facts are alleged by relator that indicate there was any possible conflict of interests in Mr. Brereton representing the three of them. He alleges only the bare fact of multiple representations. A possible, if not actual, conflict of interest must appear before the representation of more than one defendant by the same counsel may be decreed prejudicial and sufficient justification for a new trial. Commonwealth v. Meehan, 409 Pa. 616, 187 A. 2d 579 (1963), reversing Commonwealth v. Meehan, 198 Pa. Superior Ct. 558, 182 A. 2d
We have reviewed this record and conclude that appellant had a fair trial with competent representation, without any violation of his constitutional rights.
Order affirmed.