Opinion
Submitted January 9, 1950
Decided January 13, 1950
Motion for assignment of Herbert E. Rosenberg, Esq., as counsel and of Cyril M. Rosenberg, Esq., as additional counsel to conduct the appeal herein on behalf of the defendant Raymond Martinez Fernandez, denied. Examination of the record in the trial court apparently shows the interests of the defendant Fernandez to be in conflict with the interests of the defendant Beck to a degree which necessitates that each defendant be represented by independent counsel in this court. Herbert E. Rosenberg, Esq., has been retained by the defendant Beck to represent her on the appeal. Hence though the defendant Fernandez is entitled to retain counsel of his own choice, this court will not assign either Herbert E. Rosenberg, Esq., or Cyril M. Rosenberg, Esq., as counsel to Fernandez on his appeal herein. The motion of the defendant Fernandez for such assignment is denied.
Motion to vacate assignment of John McKim Minton, Esq., as counsel for the defendant Fernandez denied.