Opinion
Submitted April 22, 1966.
June 24, 1966.
Criminal law — Constitutional law — 6th and 14th Amendments — Criminal prosecution — Preliminary hearing — Lack of counsel.
1. In the absence of unusual circumstances which transform the preliminary hearing into a critical stage of the proceedings against the accused, lack of counsel at such hearing does not constitute a deprivation of due process of law. [284-5]
Criminal law — Practice — Criminal procedure — Plea of guilty — Effect.
2. A plea of guilty to an indictment charging murder constitutes an admission of guilt and of all the facts averred in the indictment and also constitutes a waiver of all nonjurisdictional defects and defenses. [285]
Mr. Justice COHEN took no part in the consideration or decision of this case.
Before BELL, C. J., MUSMANNO, JONES, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 202, Jan. T., 1966, from order of Court of Common Pleas No. 9 of Philadelphia County, Sept. T., 1965, No. 67, in case of Commonwealth ex rel. William Cherry v. A. C. Cavell, Superintendent. Order affirmed.
Habeas corpus.
Petition dismissed, order by SPAETH, JR., J. Relator appealed.
William Cherry, appellant, in propria persona.
Joseph M. Smith, Assistant District Attorney, and Arlen Specter, District Attorney, for appellee.
This is an appeal from the Order of the Court of Common Pleas No. 9 of Philadelphia County, dismissing without hearing Cherry's petition for a writ of habeas corpus. Relator while represented by counsel pleaded guilty to a charge of murder. The Court found him guilty of murder in the first degree, and fixed the sentence at life imprisonment. Relator contends that he was denied his constitutional rights because he did not have counsel at the time of his arrest, preliminary hearing and arraignment. Relator does not contend that his plea of guilty was not intelligently made or that it was coerced. We find no merit in relator's contention.
In Commonwealth ex rel. Swilley v. Maroney, 420 Pa. 419, 218 A.2d 242, we said (pages 420-421):
"In Pennsylvania, failure of an accused to be represented by counsel at a preliminary (or magistrate's) hearing or at a coroner's inquest, is not a violation of his constitutional rights, in the absence of unusual and prejudicial circumstances which transform either of these proceedings into a critical stage. Commonwealth ex rel. Hobbs v. Russell, 420 Pa. 1, 215 A.2d 858; 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. No unusual or prejudicial circumstances existed in this case."
Furthermore, relator's guilty plea in open Court is a confession of guilt of the crime or crimes with which he is charged in the indictment and also constitutes a waiver of all nonjurisdictional defects and defenses. Commonwealth ex rel. Ward v. Russell, 419 Pa. 240, 213 A.2d 628; Commonwealth ex rel. Swilley v. Maroney, 420 Pa., supra; Commonwealth ex rel. Hobbs v. Russell, 420 Pa. 1, 215 A.2d 858; Commonwealth ex rel. Adderley v. Myers, 419 Pa. 536, 215 A.2d 624; Commonwealth ex rel. Sanders v. Maroney, 417 Pa. 380, 207 A.2d 789; Commonwealth ex rel. Walls v. Rundle, 414 Pa. 53, 198 A.2d 528; Commonwealth ex rel. Parker v. Myers, 414 Pa. 427, 200 A.2d 770.
Order affirmed.
Mr. Justice COHEN took no part in the consideration or decision of this case.