Opinion
Argued January 4, 1950.
January 17, 1950.
Appeals — Habeas corpus — Refusal of counsel at trial — Evidence.
In a habeas corpus proceeding, it was Held that relator had failed to sustain the burden of establishing that he had arbitrarily been refused counsel at trial, and the order of the Superior Court dismissing his petition was affirmed.
Before MAXEY, C. J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.
Appeal, No. 28, March T., 1950, from order of Superior Court, April T., 1949, No. 63, in case of Commonwealth of Pennsylvania ex rel. John B. Hovis v. Stanley P. Ashe, Warden, Western State Penitentiary. Order affirmed.
Same case in Superior Court: 165 Pa. Super. 30.
Proceeding upon petition of relator for writ of habeas corpus.
Writ denied and order entered dismissing petition, opinion by ROWAND, P. J. Relator appealed to the Superior Court which affirmed the order of the court below. Appeal by relator to Supreme Court allowed.
Peter P. Liebert, 3rd, for petitioner.
Raymond P. Shafer, District Attorney, did not appear or submit a brief for appellee.
We granted an allocatur in this case in order that the issue of fact as to whether the relator was arbitrarily refused counsel at trial, which the petitioner averred and the district attorney denied, might be definitely resolved. We now have the detailed recollection of the learned trial judge before whom the relator entered his plea of guilty to the indictments whereon he is now under sentence. The trial judge states that not only did he not refuse the relator counsel at trial but, on the contrary, that he advised him of his right to be represented by counsel and offered to appoint counsel for him which offer the relator expressly declined. In the state of the proofs, it is, therefore, apparent that the relator failed to sustain the burden of establishing the truth of his cognate allegation. The order of the Superior Court is affirmed on the law which the opinion for that court fully sets forth.
Order affirmed.