Opinion
October 10, 1957.
November 12, 1957.
Criminal law — Constitutional law — Due process — Right of accused to counsel — Noncapital case — Circumstances — Youth of defendant — Seriousness of charges — Plea of guilty.
1. To invalidate a plea of guilty in noncapital cases by reason of denial of due process arising from failure to provide a prisoner with counsel by the courts of this Commonwealth, the prisoner must establish that for want of benefit of counsel an ingredient of unfairness actively operated in the process that resulted in his confinement.
2. In a habeas corpus proceeding, the factors of youth and inexperience of the relator and the seriousness of the crimes do not per se establish any element of unfairness in the proceedings resulting in his confinement.
3. Commonwealth ex rel. Popovich v. Claudy, 170 Pa. Super. 482, Held controlling.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeal, No. 214, Oct. T., 1957, from order of Court of Common Pleas of Schuylkill County, March T., 1957, No. 90, in case of Commonwealth of Pennsylvania ex rel. Paul Neal v. William Banmiller, Warden. Order affirmed.
Habeas corpus.
Order entered dismissing petition and discharging rule, opinion by CURRAN, J. Relator appealed.
Paul Neal, appellant, in propria persona.
Joseph S. Lilienthal, Assistant District Attorney, Robert M. Harris, District Attorney, for appellee.
Submitted October 10, 1957.
The order of the court below is affirmed on the opinion of Judge CURRAN, as reported in 9 Pa. D. C. 2d 745.