Opinion
October 8, 1957.
January 21, 1958.
Criminal law — Practice — Habeas corpus — Sentence — Consecutive or concurrent — Record — Pleas of guilt — Burglary — Rape — Evidence — Provision of counsel.
In a habeas corpus proceeding, in which it appeared that relator, who had been sentenced on various indictments charging rape and burglary, to which he had pleaded guilty, complained that the clerk had made a clerical error in stating that each sentence was to run consecutively "with" with the other sentences, that as to one of the burglary sentences the record showed that it was to run concurrently but the penitentiary record showed it to be consecutive, that he had thought that he was pleading guilty to burglary and had no knowledge that he was charged with rape, that he was not guilty of rape, that he was refused the right to obtain counsel, and that his pleas were taken while he was in a county prison; and that the court below concluded, in the circumstances, that relator's contentions were without merit and discharged the writ; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeal, No. 186, Sept. T., 1957, from order of Court of Common Pleas of Montgomery County, June T., 1956, No. 685, in case of Commonwealth of Pennsylvania ex rel. James Jackson v. William Banmiller, Warden. Order affirmed.
Same case in court below: 11 Pa. D. C. 2d 296.
Habeas corpus.
Order entered discharging writ, opinion by CORSON, J. Relator appealed.
James Jackson, appellant, in propria persona.
Nicholas H. Larzelere, Assistant District Attorney, and Bernard E. DiJoseph, District Attorney, for appellee.
Submitted October 8, 1957.
The order of the court below is affirmed on the opinion of Judge CORSON, as reported in 11 Pa. D. C. 2d 296. See, also, Commonwealth ex rel. Clawson v. Baldi, 180 Pa. Super. 258, 119 A.2d 874; Commonwealth ex rel. Gryger v. Burke, 173 Pa. Super. 458, 470, 98 A.2d 380; Commonwealth ex rel. Reese v. Claudy, 170 Pa. Super. 488, 87 A.2d 492; Commonwealth ex rel. Quinn v. Smith, 144 Pa. Super. 160, 19 A.2d 504.