420 Pa. 1 | Pa. | 1966
Opinion by
This is an appeal from the Order of the Court of Common Pleas No.' 8 of Philadelphia County denying, without hearing, defendant’s.petition for a writ of habeas corpus.
Relator came to trial on April 16, 1963, on two bills of indictment; one charged him with murder, and the other with voluntary and involuntary' manslaughter. Prior to the introduction of any testimony and after the District Attorney had certified that in his opinion
Relator contends that his confession, which was given to the police and was introduced at trial, was obtained in violation of his Constitutional rights, and therefore, should have been excluded. Relator alleges in this petition that his confession was coerced and was obtained at a time when he had not been informed of his right to remain silent, and had been' denied the right to counsel, although he admits that the record does not support either of his averments. He cites Escobedo v. Illinois, 378 U.S. 478 (1964) to support his contentions. We find no merit in any of relator’s contentions.
First. Ordinarily a preliminary hearing in Pennsylvania is not a critical stage and in the absence of unusual circumstances which transform the proceeding into a critical stage, lack of counsel at a preliminary hearing does not constitute a deprivation of due process: Commonwealth ex rel. McCant v. Rundle, 418 Pa. 394, 211 A. 2d 460; Commonwealth ex rel. Lofton v. Russell, 418 Pa. 517, 211 A. 2d 427; 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.
Second. Second and more important, relator’s con'fession was admitted at his trial, where he was represented by counsel, after he had pleaded guilty, and neither his counsel nor he had objected to the admission of the confession. Under these facts and circumstances the admissibility of his confession cannot now be questioned: Commonwealth ex rel. Blackshear v. Myers, 419
Order affirmed.
This is not binding on the Court Commonwealth ex rel. Ward v. Russell, 419 Pa. 240, 213 A. 2d 628; Commonwealth v. Lowry, 374 Pa. 594, 98 A. 2d 733; Commonwealth ex rel. Johnson v. Bundle, 411 Pa. 497, 192 A. 2d 381.