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COMMONWEALTH EX REL. CAMARA v. MYERS. (09/12/63)

September 12, 1963

COMMONWEALTH EX REL. CAMARA, APPELLANT,
v.
MYERS.



Appeal, No. 119, Oct. T., 1963, from order of Court of Common Pleas No. 5 of Philadelphia County, Dec. T., 1962, No. 1892, in case of Commonwealth ex rel. Alfred Camara v. David N. Myers, Superintendent. Order affirmed.

COUNSEL

Alfred Camara, appellant, in propria persona.

Gordon Gelfond and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

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

Author: Rhodes

[ 201 Pa. Super. Page 498]

OPINION BY RHODES, P.J.

This is an appeal by relator from an order of Judge WEINROTT of the Court of Common Pleas No. 5 of Philadelphia County dismissing his petition for a writ of habeas corpus without a hearing.

Relator was indicted on April 19, 1960, on seven bills of indictment, Nos. 927, 929, and 930, September Sessions, 1960, each charging burglary, larceny, and receiving stolen goods; Nos. 931, 932, and 933, each charging fraudulently making, uttering and publishing a written instrument; and No. 936, charging conspiracy. Upon arraignment on May 2, 1960, relator pleaded not guilty to all indictments. On April 29, 1960, the office of the Voluntary Defender entered appearance for relator. When the cases were called for trial on June 29, 1960, relator, being then represented by the Voluntary Defender, changed his plea to guilty on all indictments. Concurrent sentences of not less than seven years nor more than fifteen years were imposed on Bills Nos. 927, 929, and 930. Consecutive five-year periods of probation to begin at the expiration of the prison sentence were provided as to Bills Nos. 931, 932, and 933. On Bill No. 936, sentence was suspended.

Testimony taken on the pleas of guilty shows relator, with accomplices, burglarized several business establishments, including relator's place of employment, and subsequently fraudulently negotiated checks taken therefrom. Under examination by his counsel, Martin Heckscher, relator freely admitted his guilt on all charges and took the blame for involving one of his accomplices in the crimes.

Appellant asserts that his extradition from Texas was illegal. The record shows he waived extradition and voluntarily returned to Pennsylvania. In any event, "A prisoner who is regularly indicted and tried under the laws of a state where the crime was committed is not deprived of due process of law under the

[ 201 Pa. Super. Page 499]

Fourteenth Amendment by the manner in which he is brought from another jurisdiction." Com. ex rel. Master v. Baldi, 166 Pa. Superior Ct. 413, 421, 72 A.2d 150, 154; Com. ex rel. Patton v. Tees, 179 Pa. Superior Ct. 605, 608, 118 A.2d 585.

Appellant's allegation that he was indicted for "a crime he did not commit" is of no avail on habeas corpus in view of his pleas of guilty freely entered under representation by counsel. Com. ex rel. Gouch v. Myers, 196 Pa. Superior Ct. 285, 288, 175 A.2d 158; Com. ...


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