Opinion
November 15, 1962.
December 12, 1962.
Criminal Law — Practice — Writ of error coram nobis — Prison breach — Plea of guilty — Facts known to sentencing judge at time of sentence.
In a proceeding upon a petition for a writ of error coram nobis, in which it appeared that petitioner, while on probation, committed other crimes, was apprehended, and that he was brought by his immediate parole officer and a State trooper into the jail office, which was a portion of the jail house and connected to the sheriff's residence; that petitioner's handcuffs were removed, whereupon he bolted through the door and escaped; that petitioner, who signed written pleas of guilty, alleged that he had only a tenth grade education, was completely ignorant of legal procedure (although previously he had had a substantial criminal record), and did not know what elements constituted the crime of prison breach; and that the sentencing judge at the time of imposition of sentence was fully cognizant of the facts with reference to the prison breach; it was Held that the order of the court below refusing the writ should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 76, April T., 1962, from order of Court of Oyer and Terminer of Somerset County, May T., 1960, No. 64, in case of Commonwealth ex rel. Richard P. Ramp v. Harry E. Russell, Superintendent. Order affirmed.
Same case in court below: 28 Pa. D. C. 2d 632.
Proceeding upon petition of relator for writ of error coram nobis.
Order entered dismissing petition, opinion by LANSBERRY, J. Relator appealed.
Richard P. Ramp, appellant, in propria persona.
Robert M. Keim, District Attorney, for appellee.
Submitted November 15, 1962.
The order of the court below refusing the writ is affirmed on the opinion of President Judge THOMAS F. LANSBERRY reported in 28 Pa. D. C. 2d 632.