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COMMONWEALTH EX REL. GIBBS v. MYERS (01/04/65)

SUPERIOR COURT OF PENNSYLVANIA


decided: January 4, 1965.

COMMONWEALTH EX REL. GIBBS, APPELLANT,
v.
MYERS

Appeal from order of Court of Common Pleas of Chester County, Misc. 12113 Habeas Corpus, in case of Commonwealth ex rel. Lawrence Gibbs v. David N. Myers, Superintendent.

COUNSEL

John J. Duffy, with him Robert W. Lentz, and Lentz, Cantor, Kilgore and Duffy, for appellant.

Norman J. Pine, First Assistant District Attorney, with him A. Alfred Delduco, District Attorney, for appellee.

Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (Rhodes, P. J., absent). Opinion by Ervin, P. J.

Author: Ervin

[ 204 Pa. Super. Page 513]

In this case Lawrence Gibbs appeals from the order of the court below refusing a writ of habeas corpus.

The record indicates that Gibbs pleaded guilty on a charge of burglary and larceny on September 13, 1937 in the Court of Oyer and Terminer of Chester County. He was sentenced to a term of from ten to twenty years in the Eastern State Penitentiary and was ordered to pay a fine of $1,000.00 and the costs of prosecution. There can be no question that the defendant was not represented by counsel when he pleaded guilty. The record does not reveal any specific waiver of his right to counsel.

[ 204 Pa. Super. Page 514]

The order of the court below must be reversed and a new trial granted: Com. ex rel. Goodfellow v. Rundle, 415 Pa. 528, 204 A.2d 446.

The order of the Court of Common Pleas of Chester County is reversed and the record is remanded to that court to issue the writ and to grant a new trial.

Disposition

Order reversed.

19650104

© 1998 VersusLaw Inc.



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