From Casetext: Smarter Legal Research

Commonwealth ex rel. Curtis v. Ashe

Superior Court of Pennsylvania
Apr 9, 1940
12 A.2d 500 (Pa. Super. Ct. 1940)

Opinion

April 9, 1940.

Criminal law — Practice — Trial — Right of accused to counsel — Plea of guilty.

1. The court is not required to appoint counsel to defend, or represent, one accused of crime, who enters a plea of guilty to an indictment charging a criminal offense.

2. Com. ex rel. Schultz v. Smith, 139 Pa. Super. 357, held not applicable to such case.

Petition for writ of habeas corpus. Original jurisdiction, Misc. Docket No. 136, in case of Commonwealth ex rel. John A. Curtis v. Stanley P. Ashe, Warden, Western State Penitentiary. Petition denied.


There is no provision in the Bill of Rights in the Constitution of Pennsylvania, nor in the amendments to the Federal Constitution, which requires the court to appoint counsel to defend, or represent, one accused of crime, who enters a plea of guilty to an indictment charging a criminal offense. The case of Commonwealth ex rel. Schultz v. Smith, 139 Pa. Super. 357, 11 A.2d 656, has no application to a case where the accused pleads guilty before trial.

The petition is denied.


Summaries of

Commonwealth ex rel. Curtis v. Ashe

Superior Court of Pennsylvania
Apr 9, 1940
12 A.2d 500 (Pa. Super. Ct. 1940)
Case details for

Commonwealth ex rel. Curtis v. Ashe

Case Details

Full title:Commonwealth ex rel. Curtis v. Ashe, Warden

Court:Superior Court of Pennsylvania

Date published: Apr 9, 1940

Citations

12 A.2d 500 (Pa. Super. Ct. 1940)
12 A.2d 500

Citing Cases

Commonwealth ex Rel. Shaw v. Smith, Warden

See Com. ex rel. Schultz v. Smith, Warden, 139 Pa. Super. 357, 11 A.2d 656. However, we ruled a month later…

Commonwealth ex rel. Lucian v. Ashe

While not presented as a ground for discharge in his petition for writ of habeas corpus, or in the court…