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COM. ex rel. WALDEN v. BURKE

172 Pa.Super. 453 (1953)

Commonwealth ex rel. Walden, Appellant, v. Burke.

Superior Court of Pennsylvania.

January 20, 1953.

Attorney(s) appearing for the Case

Robert H. Holland, for appellant.

Ernest L. Green, Jr., Assistant District Attorney, with him Raymond R. Start, District Attorney, and J. Harold Hughes, Assistant District Attorney, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.

OPINION BY DITHRICH, J., January 20, 1953:

One of the reasons assigned by the learned court below for denying appellant's petition for a writ of habeas corpus is that "The defendant had been before the Court on two prior occasions and had never raised this question"; i.e., that he had entered a plea of guilty to robbing a bank, without the benefit of counsel.

In Commonwealth ex rel. Holly v. Claudy, 171 Pa.Super. 340

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