Opinion
March 28, 1962.
April 12, 1962.
Criminal Law — Practice — Habeas corpus — Absence of preliminary hearing — Plea of guilty — Refusal of counsel.
In a habeas corpus proceeding, in which it appeared that relator pleaded guilty to a charge of burglary, after having waived a preliminary hearing before the alderman; that thereafter relator pleaded guilty to charges of burglary and larceny, based upon complaints returned after a fugitive hearing before an alderman; that relator entered his pleas without counsel, although he was asked by the court before sentence was imposed if he desired counsel, and replied in the negative; and that the court below, holding that relator's complaint that he was not afforded a preliminary hearing was without merit and that he had not been deprived of any substantial rights, discharged the rule to show cause why the writ should not be issued; 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. 36, Oct. T., 1962, from order of Court of Common Pleas of Lancaster County, Sept. T., 1961, No. 4, in case of Commonwealth ex rel. Donald C. Green v. David N. Myers, Superintendent. Order affirmed.
Same case in court below: 26 Pa. D. C. 2d 501.
Habeas corpus.
Order entered discharging rule, opinion by WISSLER, P.J. Relator appealed.
Donald C. Green, appellant, in propria persona.
Wilson Bucher, Assistant District Attorney, and Alfred C. Alspach, District Attorney, for appellee.
Submitted March 28, 1962.
The order of the court below is affirmed on the opinion of President Judge WISSLER of the Court of Common Pleas of Lancaster County, as reported in 26 Pa. D. C. 2d 501.