COM. ex rel. FAIRMAN v. CAVELL


207 Pa.Super. 163 (1965)

Commonwealth ex rel. Fairman, Appellant, v. Cavell.

Superior Court of Pennsylvania.

December 16, 1965.


Attorney(s) appearing for the Case

R. Stanton Wettick, Jr., for appellant.

W. Thomas Malcolm, District Attorney, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, and HOFFMAN, JJ. (FLOOD, J., absent).


OPINION PER CURIAM, December 16, 1965:

Order affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

This is an appeal from an order of the lower court denying appellant's petition for writ of habeas corpus after a hearing. The single legal question of importance is whether appellant, when entering his guilty plea, understandingly and intelligently waived his constitutional right to counsel. In my opinion, it is clear that the Commonwealth failed to sustain its...

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