Opinion
December 14, 1960.
March 22, 1961.
Criminal Law — Practice — Habeas corpus — Failure of trial court to provide counsel — Trial without jury — Dismissal of petition without hearing.
In a habeas corpus proceeding, in which it appeared that petitioner, who had been convicted before a trial court without a jury and sentenced on indictments charging aggravated robbery, commission of a crime of violence while armed with a firearm, and conspiracy, alleged that the trial judge violated due process in failing to provide him with counsel; and that at the trial petitioner had made no objection that he was without counsel nor requested that counsel be provided, but had specifically stated, in response to questions of the district attorney, that he wished to proceed without an attorney and that the trial judge decide the case; it was Held that the order of the court below dismissing the petition without a hearing should be affirmed.
Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.
Appeal, No. 351, Oct. T., 1960, from order of Court of Common Pleas No. 7 of Philadelphia County, June T., 1960, No. 185, in case of Commonwealth ex rel. Harry Edwards v. David N. Myers, Superintendent. Order affirmed.
Same case in court below: 23 Pa. D. C. 2d 450.
Habeas corpus.
Order entered dismissing petition, opinion by CHUDOFF, J. Relator appealed.
Harry Edwards, appellant, in propria persona.
Charles L. Durham and Arlen Specter, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Submitted December 14, 1960.
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge CHUDOFF, as reported in 23 Pa. D. C. 2d 450.