COM. ex rel. McKEE v. RUSSELL


207 Pa.Super. 170 (1965)

Commonwealth ex rel. McKee, Appellant, v. Russell.

Superior Court of Pennsylvania.

December 16, 1965.


Attorney(s) appearing for the Case

Gerald McKee, appellant, in propria persona.

Vincent J. Pepicelli, District Attorney, for appellee.

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


OPINION PER CURIAM, December 16, 1965:

Order affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

This is an appeal from an order of the lower court dismissing appellant's petition for writ of habeas corpus after a hearing. The single legal question of importance in this case is whether appellant, when entering his guilty plea before the late Judge MOOK, had understandingly and intelligently waived his right to counsel.

To sustain its burden of proving...

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