Opinion
December 12, 1960.
December 14, 1960.
Criminal Law — Practice — Plea of guilty — Alleged intention to plead guilty to larceny and not to robbery.
On appeal by defendant from judgment of sentence for robbery, in which it appeared that defendant, represented by counsel, in open court pleaded guilty to the crime of simple robbery; that upon defendant's plea the prosecutor made a summation of the Commonwealth's evidence, indicating that defendant had come into a store in the evening, with his hand in his pocket, simulating a gun, and had demanded and obtained money from the proprietor; that defendant had had many numerous prior convictions and an extensive previous experience with criminal procedure; and that defendant apparently contended that he was guilty of larceny and not robbery and that he had intended to plead guilty to larceny and not to robbery; it was Held that the judgment of the court below should be affirmed.
Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.
Appeal, No. 170, Oct. T., 1960, from judgment of Court of Quarter Sessions of Philadelphia County, Feb. T., 1960, No. 503, in case of Commonwealth of Pennsylvania v. James A. Mullin. Judgment affirmed.
Same case in court below: 22 Pa. D. C. 2d 621.
Indictment charging defendant with robbery. Before HAGAN, P.J.
Plea of guilty by defendant, and judgment of sentence entered. Defendant appealed.
James A. Mullin, appellant, in propria persona.
Charles L. Durham and Arlen Specter, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for Commonwealth, appellee.
Submitted December 12, 1960.
The judgment of the Court of Quarter Sessions of the Peace of Philadelphia County is affirmed on the opinion of President Judge HAGAN for the court below, reported at 22 Pa. D. C. 2d 621.