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COMMONWEALTH EX REL. ROGERS v. RUSSELL. (09/12/63)

September 12, 1963

COMMONWEALTH EX REL. ROGERS, APPELLANT,
v.
RUSSELL.



Appeal, No. 89, Oct. T., 1963, from order of Court of Common Pleas of Clinton County, Oct. T., 1962, No. 2, in case of Commonwealth ex rel. Norman Lee Rogers v. Harry E. Russell, Superintendent. Order affirmed.

COUNSEL

Norman Lee Rogers, appellant, in propria persona.

Allan W. Lugg, District Attorney, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Rhodes

[ 201 Pa. Super. Page 507]

OPINION BY RHODES, P.J.

This is an appeal from the dismissal of a petition for writ of habeas corpus after hearing.

Defendant, Norman Lee Rogers, was arrested on July 13, 1961, and was subsequently indicted on six indictments charging him with burglary and larceny. On August 18, 1961, defendant was arraigned before President Judge LIPEZ of the Court of Quarter Sessions of Clinton County at which time the charges were read to defendant who admitted his guilt on all charges with the exception of one count of burglary. No formal pleas were entered, but on the same day counsel was appointed to represent defendant.

On August 29, 1961, defendant, with counsel, appeared before President Judge LIPEZ and the charges were again explained to him. Defendant entered pleas

[ 201 Pa. Super. Page 508]

    of guilty to the burglaries and to larceny. One burglary charge was nol prossed.

On August 29, 1961, defendant was sentenced to four concurrent terms of not less than four years nor more than twenty years to be served in the State ...


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