Armand Della Porta, Asst. Dist. Atty., Samuel Dash, Asst. Dist. Atty., Michael von Moschzisker, First Asst. Dist. Atty., Richardson Dilworth, Dist. Atty., Philadelphia, for appellant.
Samuel Kagle, Philadelphia, for appellee.
Before Rhodes, P. J., and Hirt, Reno, Ross, Gunther, Wright and Woodside, Jj.
[ 174 Pa. Super. Page 435]
Relator, then seventeen years of age, surrendered to the police on January 8, 1947. He was promptly given a preliminary hearing, on the charges against him, by a judge of the Municipal Court and was returned to custody pending action of the Grand Jury. On January 27, 1947 true bills were returned on 22 indictments. Eight of them charged armed robbery, two charged attempted robbery and one bill charged relator with rape. The remaining eleven indictments were companion bills charging relator with carrying a concealed weapon. On January 29, 1947 relator, without previous notice, was taken from prison and was arraigned on the charges. Without the benefit of counsel he pleaded guilty to all bills of indictment, excepting one robbery charge and the charge of rape. Later in the same day the two cases were called for trial. As to what then occurred the record discloses the following:
'The Court: Have you a lawyer?
'The defendant: I don't know. My mother was supposed to have one.
'The court: Call for her.
'Court Crier: No answer, your Honor.
'The Court: I think Mr. Pollock ought to represent him. These witnesses have been sitting here all day long.'
Thereupon Herman pollock, Esq., Public Defender, represented relator on his trial for rape and one robbery charge. He was found guilty of both charges by a judge of the court, jury trials having been waived. Relator then was immediately called for ...