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COMMONWEALTH EX REL. ULMER v. RUNDLE (03/22/66)

decided: March 22, 1966.

COMMONWEALTH EX REL. ULMER, APPELLANT,
v.
RUNDLE



Appeal from order of Superior Court, Oct. T., 1964, No. 457, affirming order of Court of Common Pleas of Lancaster County, Habeas Corpus Docket No. 4, in case of Commonwealth ex rel. Lloyd Ulmer v. Alfred T. Rundle, Superintendent.

COUNSEL

Lloyd Ulmer, appellant, in propria persona.

Theodore A. Parker, Assistant District Attorney, and Wilson Bucher, District Attorney, for appellee.

Bell, C. J., Musmanno, Jones, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Eagen. Mr. Chief Justice Bell dissents.

Author: Eagen

[ 421 Pa. Page 41]

This is a habeas corpus proceeding which the trial court dismissed without hearing. On appeal, the Superior Court affirmed. We granted allocatur.

[ 421 Pa. Page 42]

The relevant facts are these:

Lloyd Ulmer, the appellant, on February 20, 1959, plead guilty to an indictment charging aggravated assault and battery. He was placed on probation for two years. On July 17, 1959, after hearing, he was found guilty by the court of violating the terms of probation, and sentenced to imprisonment for a term of one and one-half to three years. At all times mentioned, he was without the assistance of counsel, and the record fails to disclose that he was advised of his right thereto, or that he understandingly and intelligently waived his constitutional right to such assistance.

On January 6, 1961, Ulmer was released on parole by the state parole board for the balance of his sentence.*fn1

On June 13, 1961, Ulmer was convicted by jury verdicts of two separate charges of burglary and aggravated assault and battery. He was sentenced in each case to imprisonment for a period of one and one-half to three years, the sentences to run consecutively. No post-trial motions were filed, nor appeal entered from the judgments. Before trial on these charges, he was clearly advised of his right to be represented by counsel, and, although Ulmer rejected such assistance, the trial court in an exercise of caution appointed counsel to assist him in every way possible throughout the trials.

On September 19, 1961, Ulmer was convicted by a jury of prison breach, and sentenced to imprisonment for a term of one and one-half to three years, to begin at the expiration of the sentences imposed on June 13, 1961, as hereinbefore described. ...


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