242 Pa. 402 | Pa. | 1913
Opinion by
The error in the trial of the preliminary issue rendered all subsequent proceedings of which it was a part invalid. It was not afterwards cured by the withdrawal of the plea of not guilty entered by direction of the court when the prisoner stood mute and by the entry, by advice of counsel, of the plea of guilty. That plea was entered under a misapprehension by counsel of the facts which induced them to consent to it, and to which it is unnecessary to refer further than to say that neither
The third, fourth and. sixth assignments of error are sustained. The judgment is reversed, and a venire facias de novo is awarded.