Opinion
March 26, 1958.
April 16, 1958.
Criminal law — Habeas corpus — Delay in filing petition — Allegation of denial of due process of law and of counsel — Evidence.
In a habeas corpus proceeding, in which it appeared that relator entered pleas of guilty to numerous bills of indictment which arose out of a series of burglaries, larcenies, and robberies and was sentenced to imprisonment in the penitentiary; that in his petition filed more than eleven years after sentencing he averred a denial of due process and of the right to be heard by counsel; that at the hearing on the petition relator alleged that he had been offered leniency, if he would plead guilty, but could not state who had made the offer; that he had been present in court, heard the charges and the witnesses, admitted that he was involved in most of the burglaries, and had not asked for counsel; that relator, who was then twenty-one years of age, had been in criminal court on two prior occasions, wherein he had not asked for counsel and had been sentenced to imprisonment on both occasions; and that there was no suggestion in relator's petition that he was innocent of the offenses to which he had entered pleas of guilty; it was Held that the order of the court below denying the petition should be affirmed.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeals, No. 108, Oct. T., 1958, from order of Court of Common Pleas No. 2 of Philadelphia County, Sept. T., 1957, No. 1831, in case of Commonwealth of Pennsylvania ex rel. Pasquale Faulde v. William J. Banmiller, Warden. Order affirmed.
Same case in court below: 12 Pa. D. C. 2d 78.
Habeas corpus.
Order entered dismissing petition, opinion by REIMEL, J. Relator appealed.
Pasquale Faulde, appellant, in propria persona.
Benjamin H. Renshaw, Jr., Juanita Kidd Stout, Assistant District Attorneys, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Submitted March 26, 1958.
The order of the court below is affirmed on the opinion of Judge REIMEL, as reported in 12 Pa. D. C. 2d 78.