185 Pa. Super. 52 | Pa. Super. Ct. | 1958
Opinion
On March 18, 1957, the relator petitioned for his discharge from Western State Penitentiary on habeas corpus. He had been committed on sentences which when cumulated amounted to imprisonment for a term of 15 to 30 years from November 25, 1947. This appeal is here on the record in the court below, Avithout argument and without briefs.
In dismissing the petition for the writ President Judge McNaugher said: “At the hearing on a rule to shoAV cause why a Avrit of habeas corpus should not issue, the relator being represented by counsel, it appeared that the only averment of the petition to be considered in such a proceeding vvas that the relator was of tender years at the time of sentence and was not at that time represented by an attorney. It is not altogether clear whether counsel representing him was present (although there was counsel at least representing joining defendants), but in any event the record shows that he had previous experience as a defendant in the courts and that there Avas no ingredient of unfairness which Avould invalidate the pleas of guilty. It is to be noted also that the petitioner waited [almost] ten years after sentence before making complaint. The rule to show cause will therefore be discharged.”
The sentences of relator on November 25,1947, were on his convictions by pleas of guilty to three distinct
Order affirmed.