Opinion
March 20, 1963.
April 18, 1963.
Criminal Law — Practice — Habeas corpus — Alleged "faux pas" of counsel — Change of plea to not guilty.
In a habeas corpus proceeding, in which it appeared that petitioner questioned whether a "faux pas" by his counsel gave the latter "a legal and proper right" to enter a guilty plea in defendant's behalf; that during the progress of the trial of defendant and his co-defendant, petitioner withdrew his pleas of not guilty and entered pleas of guilty to all bills of indictment; that before the trial judge imposed sentence petitioner was asked by his counsel at the bar of the court if there was anything he wanted to say; that petitioner at no time protested his innocence, nor did he complain to the court in respect to the change of plea; that his petition for a writ of habeas corpus was filed a year and a half after he had commenced serving his sentence; and that the court below, holding that the alleged "faux pas" of petitioner's counsel, before the pleas of not guilty were withdrawn, could have been prejudicial only to the co-defendant, not to petitioner, that the record clearly established petitioner's guilt, and that petitioner's contention was not properly raised by petition for writ of habeas corpus, dismissed the petition; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 83, Oct. T., 1963, from order of Court of Common Pleas No. 6 of Philadelphia County, June T., 1962, No. 5674, in case of Commonwealth ex rel. William Sims v. Angelo C. Cavell, Superintendent. Order affirmed.
Same case in court below: 29 Pa. D. C. 2d 395.
Habeas corpus.
Order entered dismissing petition, opinion by SPORKIN, J. Relator appealed.
William Sims, appellant, in propria persona.
John F. Hassett and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.
Submitted March 20, 1963.
The order of the Court of Common Pleas No. 6 of Philadelphia County is affirmed on the opinion of Judge MAURICE W. SPORKIN for the court below, reported at 29 Pa. D. C. 2d 395.