Opinion
November 13, 1964.
June 17, 1965.
Criminal Law — Counsel for defendant — Waiver — Evidence — Signed written statement alone — Interrogation about participation in crimes.
1. Commonwealth ex rel. Ross v. Botula, 206 Pa. Super. 1, Held controlling.
2. In a habeas corpus proceeding, in which it appeared that, although relator had signed written pleas of guilty and waivers of counsel without the assistance of counsel, the record failed to disclose whether he waived his right to counsel intelligently, and that he was interrogated about his participation in the crimes but nothing was said about counsel, it was Held that the order of the court below dismissing the petition without a hearing should be reversed.
ERVIN, P.J., dissented.
Argued November 13, 1964.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 20, March T., 1965, from order of Court of Common Pleas of York County, May T., 1964, No. 30, in case of Commonwealth ex rel. Jesse Howard v. David N. Myers, Superintendent. Order reversed.
Habeas corpus.
Order entered dismissing petition, opinion by ATKINS, P.J. Relator appealed.
Jay V. Yost, for appellant.
Lewis H. Markowitz, Assistant District Attorney, with him Earl R. Doll, Nevin J. Trout and Elmer M. Morris, Assistant District Attorneys, John T. Miller, First Assistant District Attorney, and Daniel W. Shoemaker, District Attorney, for appellee.
Relator's petition for a writ of habeas corpus was refused without a hearing. Although he signed written pleas of guilty and waivers of counsel without the assistance of counsel, the record fails to disclose whether he waived his right to counsel intelligently. He was interrogated about his participation in the crimes but nothing was said about counsel. In the light of our decision in Commonwealth ex rel. Ross v. Botula, 206 Pa. Super. 1, 211 A.2d 42, the order of the Court of Common Pleas of York County is reversed and the record is remanded to that court with directions to hold a hearing on the petition.
ERVIN, P.J., dissents because the relator signed an express waiver of counsel.