Opinion
April 11, 1962.
June 13, 1962.
Criminal Law — Practice — Habeas corpus — Absence of counsel for defendant — Plea of guilty — Burglary and larceny — Age of defendant — Prior criminal experience.
In a habeas corpus proceeding, in which it appeared that relator, who had pleaded guilty to several charges of burglary and larceny, complained that at the time he was not advised of his rights, or of the seriousness of the charges, or of the consequences of his pleas, and that he was totally ignorant that he was denying himself a constitutional right to counsel; and that the record disclosed that each defendant, including relator, in open court stated that he did not desire the assistance of counsel and refused the same; that the indictments, which charged the offenses and set forth the details of the burglary and larceny, were read to the defendants, who each expressed a willingness to enter a plea of guilty to the charges without benefit of counsel; that relator, who was then twenty-six years of age, had a prior criminal record and previous experience with criminal procedure; and that the court below, finding nothing in the record to indicate that relator could not have understood the situation when he entered the plea of guilty, dismissed the petition; 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. 131, April T., 1962, from order of Court of Quarter Sessions of Washington County, Nov. T., 1961, No. 333, in case of Commonwealth ex rel. Frank D. Shimko v. James F. Maroney, Superintendent. Order affirmed.
Same case in court below: 27 Pa. D. C. 2d 163.
Habeas corpus.
Order entered dismissing petition, opinion by CUMMINS, J. Relator appealed.
Frank D. Shimko, appellant, in propria persona.
A.J. DeMedio, Assistant District Attorney, and Michael Hanna, District Attorney, for appellee.
Submitted April 11, 1962.
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge CUMMINS of the Court of Common Pleas of Washington County, as reported in 27 Pa. D. C. 2d 163. See Com. v. Jackson, 193 Pa. Super. 631, 165 A.2d 392.