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COMMONWEALTH EX REL. RICHTER v. BURKE (03/16/54)

March 16, 1954

COMMONWEALTH EX REL. RICHTER
v.
BURKE



COUNSEL

William Richter, in pro. per.

Armand Della Porta, Samuel Dash, Asst. Dist. Attys., Michael von Moschzisker, First Asst. Dist. Atty., Richardson Dilworth, Dist. Atty., Philadelphia, for appellee

Before Rhodes, P. J., and Hirt, Reno, Ross, Gunther, Wright and Woodside, Jj.

Author: Woodside

[ 175 Pa. Super. Page 257]

WOODSIDE, Judge.

This is an appeal by William Richter from the order of the Court of Common Pleas No. 5 of Philadelphia, dismissing his petition for writ of habeas corpus and remanding him to the custody of the warden of the penitentiary.

On January 18, 1946 relator, while a fugitive, was indicted on six bills of indictment, each charging burglary and receiving stolen goods.

On April 9, 1947 he was apprehended in Richmond, Virginia, and returned to Philadelphia where he was confined in the county prison as a parole violator. Three months later, on July 10, 1947, he was tried on the above bills of indictment. In the course of the trial the relator withdrew his previous pleas of not guilty to these bills of indictment and entered pleas of guilty thereon. The court imposed judgment of sentence of eight to twenty years in the Eastern State Penitentiary on the first of these bills.

On March 31, 1952, the instant petition for writ of habeas corpus was filed by the relator averring that he had been denied due process of law on the trial of his case.

It is well established in this Commonwealth that in habeas corpus proceedings the judgment of conviction

[ 175 Pa. Super. Page 258]

    carries with it a presumption of regularity, and when one undertakes to overcome it, his evidence should be clear and convincing. Commonwealth ex rel. Howard v. Claudy, Pa. Super., 1954, 102 A.2d 486.

The relator has the burden of convincing the court of the truth of his averments. Commonwealth ex rel. Johnson v. Dye, 1946, ...


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