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.