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COMMONWEALTH EX REL. MCCODE v. MYERS (01/04/66)

SUPREME COURT OF PENNSYLVANIA


decided: January 4, 1966.

COMMONWEALTH EX REL. MCCODE, APPELLANT,
v.
MYERS

Appeal from order of Court of Common Pleas No. 3 of Philadelphia County, March T., 1965, No. 1625, in case of Commonwealth ex rel. Thomas McCode v. David N. Myers, Superintendent.

COUNSEL

Thomas McCode, appellant, in propria persona.

Gordon Gelfond and Joseph M. Smith, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

Bell, C. J., Musmanno, Jones, Eagen, O'Brien and Roberts, JJ. Mr. Justice Cohen took no part in the consideration or decision of this case.

Author: Per Curiam

[ 419 Pa. Page 496]

Thomas McCode, an incarcerated prisoner serving a life sentence after having been found guilty of first degree murder, filed a petition for a writ of habeas corpus which was denied, without hearing, by the court below.

McCode alleges he was denied counsel and the right to call friends or relatives prior to signing a confession and that the confession obtained from him was coerced and involuntary. However, in open court and while represented by counsel, McCode entered a plea of guilty to murder generally.

[ 419 Pa. Page 497]

We have examined the instant record and conclude that the entry of the plea of guilty by McCode, when represented by competent counsel who did not question the validity of McCode's confession, constituted a waiver of any right to later question any possible infirmities in such confession. See: Commonwealth ex rel. Adderley v. Myers, 418 Pa. 366, 211 A.2d 481; Commonwealth ex rel. Knowles v. Rundle, 419 Pa. 300, 302, 213 A.2d 635, 636.

Order affirmed.

Disposition

Order affirmed.

19660104

© 1998 VersusLaw Inc.



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