424 Pa. 349 | Pa. | 1967
Opinion by
On October 25, 1954, the appellant, Joseph McCant, while represented by counsel, plead guilty generally to the charge of murder. After hearing, a three judge court found him guilty of murder in the first degree and imposed a sentence of life imprisonment. No appeal from the judgment was entered.
In March 1964, McCant instituted an action in habeas corpus which the trial court dismissed. On appeal, we affirmed, 418 Pa. 394, 211 A. 2d 460 (1965).
In March 1966, McCant instituted proceedings under the Post Conviction Hearing Act,
McCant now contends that he was denied his statutory right to appeal from the judgment of sentence and his constitutional right to the assistance of counsel in perfecting and prosecuting such an appeal, because his trial counsel refused his request to file an appeal only because he was a pauper and without funds to pay the cost thereof.
An examination of the record discloses compelling .reasons why these issues are now foreclosed.
The .legality of the sentence and the sufficiency of the evidence to sustain a finding of guilty-of murder in the first degree was challenged and adjudicated against McCant in the habeas corpus action related hereinbefore. See, 418 Pa. 394, 211 A. 2d 460 (1965). This issue will not again be adjudicated here. The record further discloses that McCant personally testified during the plea proceedings and admitted committing the unlawful killing with which he was charged. Hnder such circumstances, the validity of the plea cannot now be attacked.
Order affirmed.
Act of January 25, 1966, P. U. (1965) 1580, 19 P.S. §1180-1 et seq.