Shack v. State

Concurring Opinion

Arterburn, C. J.

I concur in the majority opinion. I wish to add, however, that if, on appeal, it is revealed that .counsel for a pauper defendant is incompetent or has admitted his *67incompetent acts by affidavit, as is suggested in this opinion, the matter should be referred at once to the Disciplinary Commission for investigation and its report as to whether or not such action would warrant the disbarment of such attorney, or other disciplinary action. I feel it is a reflection upon the bar of this state and upon this Court, which fixes the standard of competency, to have to set aside a conviction because of incompetency of a member of the bar of this state.

Landis, J., concurs.

Note. — Reported in 206 N. E. 2d 614.