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COMMONWEALTH v. DAVIS (03/19/64)

March 19, 1964

COMMONWEALTH
v.
DAVIS, APPELLANT.



Appeals, Nos. 45, 46, 47, and 48, March T., 1964, from judgments of Court of Quarter Sessions of Dauphin County, Sept. T., 1945, Nos. 301, 302, 303, and 304, in case of Commonwealth of Pennsylvania v. Thomas H. Davis. Judgments of sentence affirmed.

COUNSEL

Sebastian D. Natale, for appellant.

John A. F. Hall, Assistant District Attorney, with him Martin H. Lock, District Attorney, for Commonwealth, appellee.

Before Rhodes, P.j., Wright, Watkins, Montgomery, and Flood, JJ. (ervin and Woodside, JJ., absent).

Author: Rhodes

[ 203 Pa. Super. Page 80]

OPINION BY RHODES, P.J.

This is an appeal from the judgments of sentence of the Court of Quarter Sessions of Dauphin County.

On December 10, 1945, defendant, Thomas H. Davis, pleaded guilty, without aid of counsel, to four indictments charging larceny. The pleas of guilty were heard by Judge ROBERT E. WOODSIDE in the Court of Quarter

[ 203 Pa. Super. Page 81]

Sessions of Dauphin County. Defendant was sentenced on each indictment for a term of not less than one year nor more than three years, to be served consecutively, or a total of not less than four years nor more than twelve years.

Defendant had a long history of juvenile delinquency when he entered his pleas of guilty before Judge WOODSIDE. Thereafter, defendant committed various parole violations, including convictions for crimes committed on parole - robbery in 1954 and larceny in 1958. He also filed numerous petitions for writs of habeas corpus. Judge KREIDER of Dauphin County refused a petition which alleged that lack of counsel constituted a violation of due process. The dismissal of the petition was affirmed by this Court. See Com. ex rel. Davis v. Banmiller, 192 Pa. Superior Ct. 130, 159 A.2d 770. An allocatur was refused by the Supreme Court of Pennsylvania (192 Pa. Superior Ct. xxvi), and certiorari was denied by the Supreme Court of the United States (364 U.S. 846, 81 S.Ct. 89, 5 L.Ed.2d 70). Subsequently the Supreme Court of the United States granted defendant's petition for certiorari, and, on June 17, 1963, remanded the case to the United States District Court for the Eastern District of Pennsylvania "for further consideration in light of Gideon v. Wainwright, 372 US 335, 9 L.Ed.2d 799, 83 S Ct 792, ..." (10 L.Ed.2d 1044). The District Court granted a writ of habeas corpus, and directed that defendant be given a new trial with counsel assigned by the court to represent him.

On September 13, 1963, defendant was tried before President Judge SOHN, without a jury, and was represented by court-appointed counsel. He was found guilty on all four indictments, and was sentenced on each for a term of not less than one and a half years nor more than five years, to run ...


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