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COMMONWEALTH EX REL. MICHELOTTI v. MARONEY. (07/21/55)

July 21, 1955

COMMONWEALTH EX REL. MICHELOTTI, APPELLANT,
v.
MARONEY.



Appeal, No. 69, April T., 1955, from order of Common Pleas Court of Beaver County, Sept. T., 1954, No. 229, in case of Commonwealth of Pennsylvania ex rel. Marino Michelotti v. James F. Maroney, Warden, State Penitentiary, Western District of Pennsylvania. Appeal dismissed.

COUNSEL

Marino Michelotti, appellant, in propria persona.

J. Leonard Solomon, First Assistant District Attorney, with him Richard P. Steward, District Attorney, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

Author: Rhodes

[ 178 Pa. Super. Page 458]

OPINION BY RHODES, P.J.

Relator attempts by this habeas corpus proceeding to have set aside plea of guilty and sentence on bill of indictment charging burglary, larceny, and receiving

[ 178 Pa. Super. Page 459]

    stolen goods, in the Court of Oyer and Terminer of Beaver County.

Relator having entered plea of guilty to bill of indictment at No. 4, June Term, 1952, was sentenced on June 18, 1952, to a term of not less than ten years nor more than twenty years in the Western State Penitentiary to be computed from February 22, 1952. Upon entering his plea, relator was represented by counsel of his own choice.

After he was charged with said crimes on February 23, 1952, relator by his counsel instituted a habeas corpus proceeding, at No. 97, June Term, 1952, in the Court of Common Pleas of Beaver County. The court refused a writ of habeas corpus after hearing on April 2, 1952, and relator was held for court. Thereafter, relator escaped from jail but was subsequently apprehended.

On August 17, 1954, relator filed this petition for writ of habeas corpus in the Court of Common Pleas of Beaver County. He averred that there was a violation of due process in that statements were procured from another accused of crime for the purpose of convicting the relator, and that he had suffered the loss of liberty through the uncalculated inadvertence of counsel. Answers were filed by the warden of the Western State Penitentiary, and by the District Attorney of Beaver County. Hearing was held on relator's petition on September 3, 1954, at which relator was present with counsel, and at which relator and a number of witnesses testified, including his counsel at the time of the entry of his plea of guilty on bill No. 4, June Term, 1952. The court dismissed relator's petition on ...


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