Opinion
November 13, 1970.
December 13, 1971.
Criminal Law — Trial — Defendant appearing before jury in prison garb — Due process.
Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.
Appeal, No. 36, April T., 1970, from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, Nov. T., 1968, No. 17, in case of Commonwealth of Pennsylvania v. Sandy Lee Lilly. Judgment of sentence affirmed.
Indictment charging defendant with robbery, assault and battery with intent to ravish, assault with intent to kill, and aggravated assault and battery. Before McKENNA, JR., J.
Verdict of guilty and judgment of sentence entered thereon. Defendant appealed.
John J. Dean, Assistant Public Defender, and George H. Ross, Public Defender, for appellant.
Carol Mary Los, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.
HOFFMAN, J., filed a dissenting opinion, in which SPAULDING and CERCONE, JJ., joined.
Submitted November 13, 1970.
Judgment of sentence affirmed.
In this direct appeal, appellant raises the claim that he was denied due process of law in that he was forced to appear before the jury dressed in prison garb. His pro se petition, his attorney's brief, the trial court's opinion and the record are all silent with respect to the details of this allegation.
If appellant was in fact forced to appear before a jury clothed in prison garb during the course of his trial, he was of course denied due process of law. Commonwealth v. Keeler, 216 Pa. Super. 193, 264 A.2d 407 (1969).
It is appropriate, therefore, in the interests of justice to remand this case to the trial court for further proceedings so that some factual basis can be established in support of appellant's claim.
I would enter an order remanding this case for findings of fact on this issue.
SPAULDING and CERCONE, JJ., join in this dissent.