Appeals, Nos. 91, 92, April T., 1957, from judgment of Court of Oyer and Terminer of Allegheny County, March T., 1954, No. 42, and order of Court of Common Pleas of Allegheny County, April T., 1957, No. 2375, in cases of Commonwealth v. Shirley Cavanaugh, and Commonwealth ex rel. Shirley Cavanaugh v. Grant F. Price, Warden. Order reversed; judgment vacated.
John V. Snee, with him Snee, Cook & Stockdale, for appellant.
William Claney Smith, Assistant District Attorney, with him Edward C. Boyle, District Attorney of Allegheny County, for appellee.
Lloyd H. Fuge, with him Sylvan Libson, Marjorie Hanson Matson, and Richard B. Tucker, Jr., for American Civil Liberties Union, amicus curiae.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 183 Pa. Super. Page 419]
We have before us two appeals, one from the Court of Oyer and Terminer of Allegheny County, the other from the Court of Common Pleas of Allegheny County. The basic question presented relates to representation by counsel.
Shirley Cavanaugh, according to her own admission, entered, through a cellar window, the home of the parents of her divorced husband in Wilkinsburg, Allegheny County, about one o'clock on the morning of February 4, 1954. She removed therefrom several personal items which included a picture of her daughter, an afghan, a camera, and several books.
She was indicted for burglary, and on April 21, 1954, she appeared in the Court of Oyer and Terminer of Allegheny County and entered a plea of guilty to the charge at No. 42, March Sessions, 1954. Five days later, April 26, 1954, she was released on probation for a period of three years upon payment of the costs of prosecution.*fn1 On March 1, 1957, the probation was "revoked for cause." She was sentenced to pay a fine of 6 1/4 cents, the costs of prosecution, and to "undergo imprisonment in the Pennsylvania Industrial Home for Women at Muncy, Pennsylvania, there to be treated as the law directs for the crime of Burglary."
[ 183 Pa. Super. Page 420]
On March 6, 1957, a petition for writ of habeas corpus was filed at No. 2375, April Term, 1957, in the Court of Common Pleas of Allegheny County, and a hearing was held thereon the next day. When the hearing was concluded the court below refused the writ, dismissed the petition, and remanded Shirley Cavanaugh to the warden of the Allegheny County Jail until further order of the court. At the same time, the court below took under advisement oral motions in Commonwealth v. Shirley Cavanaugh, No. 42, March Sessions, 1954, O. & T., involving the charge of burglary, for an arrest of judgment and for permission to withdraw the plea of guilty. These motions were later reduced to writing and filed on March 11, 1957, at which time the court below made an order refusing the same.
On March 13, 1957, Shirley Cavanaugh appealed to this Court in both cases. We directed that she be released from custody on bail ...