Opinion
June 13, 1962.
September 13, 1962.
Criminal Law — Practice — Habeas corpus — Allegations of petitioner — Plea of guilty upon district attorney's bill — Failure to sign written waiver of presentment — Lack of knowledge of charges against defendant — Defendant seventeen years old, with limited education — Incompetent counsel — Coercion of arresting officers.
In a habeas corpus proceeding, in which it appeared that relator alleged that (a) he pleaded guilty upon a district attorney's bill, without having waived presentment to a grand jury (but it appeared that he had signed a written plea of guilty endorsed on the bill), (b) he was unaware of the charges against him, (c) he was then a juvenile seventeen years of age, with a seventh grade education (but it appeared that he had deceived the authorities as to his actual age), (d) he had no counsel or incompetent or inadequate counsel, and (e) coercion of arresting officers; and that the court below, holding that relator's contentions were without merit, dismissed the petition, it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, AND FLOOD, JJ.
Appeal, No. 199, Oct. T., 1962, from order of Court of Oyer and Terminer of Lehigh County, Jan. T., 1949, Nos. 67, 68, 69, 70, and 71, in case of Commonwealth ex rel. John V. Franklin v. Harry E. Russell, Superintendent. Order affirmed.
Same case in court below: 28 Pa. D. C. 2d 234.
Habeas corpus.
Order entered dismissing writ, opinion by HENNINGER, P.J. Relator appealed.
John V. Franklin, appellant, in propria persona.
Wilbur C. Creveling, Jr., Assistant District Attorney, and George J. Joseph, District Attorney, for appellee.
Submitted June 13, 1962.
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of President Judge HENNINGER of the Court of Common Pleas of Lehigh County, as reported in 28 Pa. D. C. 2d 234.