Opinion
March 23, 1962.
April 12, 1962.
Criminal Law — Practice — Habeas corpus — Plea of guilty — Refusal of counsel — Allegations of petitioner — Perjured testimony at trial — Failure to advise defendant of constitutional rights.
In a habeas corpus proceeding, in which it appeared that relator, who had been indicted on charges of burglary and larceny, stated in open court that he did not desire counsel, freely admitted the crimes, and pleaded guilty; that he was then twenty years of age, but had had prior experience with criminal procedure; that relator alleged that his conviction of burglary was obtained by perjured testimony, that his conviction was secured by fraud, trickery and deceit (without averring any facts in support thereof), that he was not advised of his constitutional rights, and that he was not told that anything he said would be used against him; and that the court below, concluding that relator had not been denied due process of law or any other constitutional right, denied the petition; it was Held that the order of the court below should be sustained.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 100, Oct. T., 1962, from order of Court of Common Pleas of Montgomery County, No. 61-10777, in case of Commonwealth ex rel. Robert Bogart v. David N. Myers, Superintendent. Order affirmed.
Same case in court below: 26 Pa. D. C. 2d 607.
Habeas corpus proceeding.
Order entered denying petition, opinion by FORREST, P.J. Relator appealed.
Robert Bogart, appellant, in propria persona.
Vincent A. Couchara, Assistant District Attorney, for appellee.
Submitted March 23, 1962.
The order of the court below is affirmed on the opinion of President Judge FORREST of the Court of Common Pleas of Montgomery County, as reported in 26 Pa. D. C. 2d 607.