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Com. ex rel. Keller v. Myers

Superior Court of Pennsylvania
Mar 30, 1961
169 A.2d 789 (Pa. Super. Ct. 1961)

Opinion

March 23, 1961.

March 30, 1961.

Criminal Law — Practice — Habeas corpus — Pleas of guilty — Hearing immediately after appointment of attorney by court.

In a habeas corpus proceeding, in which it appeared that petitioner, who had pleaded guilty to charges of burglary, contended that the hearing after his pleas had been entered occurred almost immediately after the court appointed an attorney to represent him and that this procedure violated his constitutional rights; that, in fact, the hearings following petitioner's pleas occurred on two different dates several days apart, that petitioner himself testified fully and freely as to his guilt on all charges, that his court-appointed counsel was familiar with the facts involved, and that nothing was shown to establish that petitioner was prejudiced by the timing of the hearings; it was Held that the order of the court below dismissing the petition without a hearing should be affirmed.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.

Appeal, No. 99, Oct. T., 1961, from order of Court of Common Pleas of Bucks County, Dec. T., 1960, No. 174, in case of Commonwealth ex rel. Joseph Keller v. David N. Myers, Superintendent. Order affirmed.

Same case in court below: 23 Pa. D. C. 2d 789.

Habeas corpus.

Order entered dismissing petition for writ, opinion by FULLAM, J. Relator appealed.

Joseph Keller, appellant, in propria persona.

Ward F. Clark, Assistant District Attorney, and Paul R. Beckert, District Attorney, for appellee.


Submitted March 23, 1961.


The Order of the Court of Common Pleas of Bucks County is affirmed on the opinion of Judge JOHN P. FULLAM for the court below, reported at 23 Pa. D. C. 2d 789.


Summaries of

Com. ex rel. Keller v. Myers

Superior Court of Pennsylvania
Mar 30, 1961
169 A.2d 789 (Pa. Super. Ct. 1961)
Case details for

Com. ex rel. Keller v. Myers

Case Details

Full title:Commonwealth ex rel. Keller, Appellant v. Myers

Court:Superior Court of Pennsylvania

Date published: Mar 30, 1961

Citations

169 A.2d 789 (Pa. Super. Ct. 1961)
169 A.2d 789