Opinion
November 12, 1963.
December 12, 1963.
Criminal Law — Practice — Habeas corpus — Allegations — Denial of counsel — Failure to inform defendant of seriousness of charges.
In a habeas corpus proceeding, in which it appeared that petitioner averred that he did not have counsel at his trial and was not told that he had a right to counsel, and that he was not told of the seriousness of his crimes; that the court record established that relator had had a previous criminal record and had previously accepted court appointed counsel in other cases; and that the court below, in the instant case, had offered relator counsel and had pointed out to him the seriousness of the charges as one of the reasons why he was being offered counsel, but relator had refused the offer of counsel; it was Held that the order of the court below refusing the petition should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 251, April T., 1963, from order of Court of Common Pleas of Erie County, Sept. T., 1963, No. 361, in case of Commonwealth ex rel. David Watkins v. A.C. Cavell, Superintendent. Order affirmed.
Same case in court below: 32 Pa. D. C. 2d 305.
Habeas corpus.
Order entered refusing petition, opinion by ROSSITER, J. Relator appealed.
David Watkins, appellant, in propria persona.
Damian McLaughlin, Assistant District Attorney, and Richard V. Scarpitti, District Attorney, for appellee.
Submitted November 12, 1963.
The order of the Court of Common Pleas of Erie County is affirmed on the opinion of Judge SAMUEL Y. ROSSITER for the court below, reported at 32 Pa. D. C. 2d 305.