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COMMONWEALTH EX REL. FAIRMAN v. CAVELL (12/16/65)

decided: December 16, 1965.

COMMONWEALTH EX REL. FAIRMAN, APPELLANT,
v.
CAVELL



Appeal from order of Court of Common Pleas of Indiana County, March T., 1965, No. 401, in case of Commonwealth ex rel. Richard J. Fairman v. A. C. Cavell, Superintendent.

COUNSEL

R. Stanton Wettick, Jr., for appellant.

W. Thomas Malcolm, District Attorney, for appellee.

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

Author: Per Curiam

[ 207 Pa. Super. Page 163]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

This is an appeal from an order of the lower court denying appellant's petition for writ of habeas corpus after a hearing. The single legal question of importance is whether appellant, when entering his guilty plea, understandingly and intelligently waived his constitutional right to counsel. In my opinion, it is clear that the Commonwealth failed to sustain its burden of proving that appellant did intelligently and understandingly waive this right.

The facts may be set out briefly:

[ 207 Pa. Super. Page 164]

On December 29, 1960, appellant was apprehended by the Pennsylvania State Police and was taken to the State Police Barracks in Indiana, Pennsylvania. At that time, he signed a statement admitting his participation in a burglary which had occurred in the area. At the habeas corpus hearing, he testified that he had signed this statement, ...


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