Summary
In Commonwealth ex rel. Andrews v. Russell, 420 Pa. 4, 215 A.2d 857, this Court said (page 6): "A plea of guilty to an indictment for murder constitutes an admission or confession of guilt of the crime of murder, with the degree of murder to be determined and fixed by the Court.
Summary of this case from Commonwealth v. EwingOpinion
Submitted November 9, 1965.
January 4, 1966.
Criminal law — Constitutional law — 6th and 14th Amendments — Person arrested for crime — Preliminary hearing — Lack of counsel — Confession — Voluntariness.
1. When a defendant in a criminal trial permits his confession, or other statement, to be introduced in evidence without raising any issue concerning its voluntariness, that issue is waived and need not be passed upon in a subsequent habeas corpus proceeding. [5]
2. In the absence of unusual circumstances which transform the preliminary hearing into a critical stage of the proceedings against the accused, lack of counsel at such hearing does not constitute a deprivation of due process of law. [6]
Practice — Criminal procedure — Indictment for murder — Plea of guilty — Effect.
3. A plea of guilty to an indictment for murder constitutes an admission or confession of guilt of the crime of murder, with the degree of murder to be determined and fixed by the court. [6]
4. A defendant cannot plead guilty to murder either of the first degree or of the second degree, but must plead guilty to murder generally. [6]
5. A plea of guilty to an indictment for murder constitutes an admission of the crime of murder in at least the second degree, and the burden is upon the Commonwealth, if it believes the crime amounts to murder in the first degree, to produce testimony legally sufficient to raise the crime to first degree murder. [6]
Mr. Justice ROBERTS concurred in the result.
Mr. Justice COHEN took no part in the consideration or decision of this case.
Before BELL, C. J., MUSMANNO, JONES, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 262, Jan. T., 1965, from order of Court of Common Pleas No. 3 of Philadelphia County, Sept. T., 1964, No. 4180, in case of Commonwealth ex rel. Charles E. Andrews v. Harry E. Russell, Superintendent. Order affirmed.
Habeas corpus.
Petition dismissed, order by GUERIN, J. Relator appealed.
Charles E. Andrews, appellant, in propria persona.
Gordon Gelfond and Joseph M. Smith, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.
This is an appeal from the dismissal of a petition for habeas corpus filed November 20, 1964. The petition was dismissed without a hearing by Order of the Common Pleas Court.
On April 29, 1954, relator while represented by counsel pleaded guilty and was found guilty by the Court en banc of murder in the first degree.
Relator voluntarily made a statement to the police on December 3, 1953, several hours after he had been arrested, in which he admitted the killing. This statement or confession was used at his trial, without objection by relator's counsel, for the purpose of determining the degree of murder and the penalty. Relator was sentenced to life imprisonment.
Errors alleged are: (1) Relator's confession was made without benefit of counsel, (2) relator had no counsel at the preliminary hearing at which he was held by a magistrate for the grand jury, and (3) a plea of guilty to murder generally is a plea of guilty to second degree murder and the Court en banc could not therefore find relator guilty of murder in the first degree. There is no merit in any of these contentions.
Relator's first two contentions are controlled by and disposed of, adversely to him, in Commonwealth ex rel. Johnson v. Myers, 419 Pa. 155, 213 A.2d 359; Commonwealth ex rel. Blackshear v. Myers, 419 Pa. 151, 213 A.2d 378; Commonwealth ex rel. Lofton v. Russell, 418 Pa. 517, 211 A.2d 427; Commonwealth ex rel. McCant v. Rundle, 418 Pa. 394, 211 A.2d 460; Commonwealth ex rel. Butler v. Rundle, 416 Pa. 321, 206 A.2d 283; Commonwealth ex rel. Maisenhelder v. Rundle, 414 Pa. 11, 198 A.2d 565; Commonwealth ex rel. Hobbs v. Russell, 420 Pa. 1, 215 A.2d 858.
A plea of guilty to an indictment for murder constitutes an admission or confession of guilt of the crime of murder, with the degree of murder to be determined and fixed by the Court. A defendant cannot plead guilty to murder either of the first degree or of the second degree, but must plead guilty to murder generally. However, under the decisions of this Court, a plea of guilty to an indictment for murder constitutes or amounts to an admission of the crime of murder in at least the second degree, and therefore the burden is upon the Commonwealth, if it believes the crime amounted to murder in the first degree, to produce testimony legally sufficient to raise the crime to first degree. Commonwealth v. Kurus, 371 Pa. 633, 637, 92 A.2d 196; Commonwealth v. Samuel Jones, 355 Pa. 522, 525, 50 A.2d 317. Moreover, on an appeal, the appellate Court will accept as true all evidence which, if believed, will support the sentence. Commonwealth ex rel. Crosby v. Rundle, 415 Pa. 81, 86, 202 A.2d 299; Commonwealth v. Kirkland, 413 Pa. 48, 58, 195 A.2d 338.
We have read the entire record and find that there is more than sufficient evidence to support a conviction of first degree murder, and that there is no merit in any of relator's contentions.
Order affirmed.
Mr. Justice ROBERTS concurs in the result.
Mr. Justice COHEN took no part in the consideration or decision of this case.