UNITED STATES EX REL. SMITH v. BALDI

No. 31.

344 U.S. 561 (1953)

UNITED STATES EX REL. SMITH v. BALDI, SUPERINTENDENT, PHILADELPHIA COUNTY PRISON.

Supreme Court of United States.

Reargued October 13-14, 1952.

Decided February 9, 1953.


Attorney(s) appearing for the Case

Thomas D. McBride argued the cause for petitioner. With him on the brief was Herbert S. Levin.

Randolph C. Ryder, Deputy Attorney General of Pennsylvania, argued the cause for respondent. With him on the brief were Robert E. Woodside, Attorney General, and Frank P. Lawley, Jr., Assistant Attorney General.

Richardson Dilworth, District Attorney for the County of Philadelphia, filed a brief for the City and County of Philadelphia, urging that the judgment be reversed and the cause remanded.


MR. JUSTICE REED delivered the opinion of the Court.

Petitioner was convicted of murder and sentenced to death by the State of Pennsylvania. The crime was committed in January 1948. Petitioner was without counsel when he appeared for arraignment on February 25, 1948. The presiding judge asked a lawyer present in the courtroom to advise petitioner how to plead. This lawyer, who knew nothing about petitioner, advised him to enter a plea of "not guilty." On September...

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