Valera Grapp, Pittsburgh, for appellant.
William S. Rahauser, Dist. Atty., Henry R. Smith, Jr., Asst. Dist. Atty., Pittsburgh, for appellee.
Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Arnold, and Gunther, JJ.
[ 170 Pa. Super. Page 490]
Relator who is presently confined in the Western State Penitentiary has appealed from the order of the Court of Common Pleas of Allegheny County discharging a rule issued upon his petition for writ of habeas corpus and denying the writ.
Preliminarily a recital of relator's criminal record is essential for an appraisal of the issues which relator seeks to raise in what the court below properly described as 'a vaguely phrased petition for a writ of habeas corpus.'
The records of the courts of Allegheny County disclose an active career of crime to be considered in connection with relator's averment of denial of due process of law because counsel was not provided for him at the time of entry of pleas of guilty to two bills of indictment at Nos. 22 and 23, November Sessions, 1943, charging robbery, in the Court of Oyer and Terminer of Allegheny County.
On January 24, 1941, relator pleaded guilty to a bill of indictment, No. 210, January Sessions, 1941, charging a liquor law violation, and the sentence was a fine and thirty days imprisonment in the Allegheny County jail.
On November 12, 1942, relator pleaded guilty to a bill of indictment, No. 52, November Sessions, 1942,
[ 170 Pa. Super. Page 491]
charging armed robbery, and he was sentenced to a term of not less than six months nor more than twelve months in the Allegheny County Workhouse. From this sentence he was paroled on March 26, 1943. On November 12, 1942, he also pleaded guilty to a bill of indictment, No. 53, November Sessions, 1942, charging burglary. On this bill sentence was suspended. On the same day, he pleaded guilty to a bill of indictment, No. 54, November Sessions, 1942, charging armed robbery. On this bill sentence was likewise suspended.
On December 16, 1942, relator entered a plea of nolo contendere to a bill of indictment, No. 8, December Sessions, 1942, charging armed robbery, and he was sentenced to a term of not less than three months nor more than fifteen months in the Allegheny County Workhouse; the sentence was to begin at the expiration of the ...