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COMMONWEALTH EX REL. BUELL v. RUSSELL (06/17/65)

SUPERIOR COURT OF PENNSYLVANIA


decided: June 17, 1965.

COMMONWEALTH EX REL. BUELL, APPELLANT,
v.
RUSSELL

Appeal from order of Court of Common Pleas of Crawford County, Sept. T., 1964, No. 2, in case of Commonwealth ex rel. David Loyal Buell v. Harry E. Russell, Superintendent.

COUNSEL

David L. Buell, appellant, in propria persona.

Paul D. Shafer, Jr., Assistant District Attorney, and Vincent J. Pepicelli, District Attorney, for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Hoffman, JJ. (Flood, J., absent). Opinion by Hoffman, J. Ervin, P. J., dissents.

Author: Hoffman

[ 206 Pa. Super. Page 10]

This is an appeal from the order of the court below dismissing a petition for writ of habeas corpus without a hearing.

Appellant contends that he did not intelligently waive his constitutional right to the assistance of counsel. The record before us discloses only that appellant signed a statement of waiver prepared by the Commonwealth.*fn1

In light of our decision today in Commonwealth ex rel. Ross v. Botula, 206 Pa. Superior Ct. 1, 211 A.2d

[ 206 Pa. Super. Page 1142]

(1965), it will be necessary for the lower court to ascertain the circumstances under which the waiver was obtained. Accordingly, the order of the Court of Common Pleas of Crawford County is reversed and the record is remanded to that court with direction to hold a hearing on the petition.

Disposition

Order reversed.


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