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COMMONWEALTH EX REL. SHAMPOE v. MARONEY (12/13/66)

decided: December 13, 1966.

COMMONWEALTH EX REL. SHAMPOE, APPELLANT,
v.
MARONEY



Appeal from order of Court of Oyer and Terminer of Erie County, Sept. T., 1958, Nos. 12, 13, and 148, in case of Commonwealth ex rel. Walter C. Shampoe v. James F. Maroney, Superintendent.

COUNSEL

Walter C. Shampoe, appellant, in propria persona.

James R. Dailey, Assistant District Attorney, and Lindley R. McClelland, District Attorney, for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 209 Pa. Super. Page 237]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

This is an appeal from an order of the lower court dismissing appellant's petition for a writ of habeas corpus.

In 1958, appellant was indicted and charged with the offenses of burglary, larceny, and receiving stolen goods. A member of the Erie County bar was appointed to represent him and he was brought to trial in August of that year. At trial, he entered a plea of guilty to all charges.

Appellant now urges that his guilty plea was neither voluntarily nor understandingly made. Specifically, his petition alleges that appointed counsel never explained the nature of the charges against him or the allowable range of punishment which might be imposed. Indeed, appellant alleges that his attorney first conferred with him ten minutes before trial, informing him only that it was then "too late" to defend against the crimes charged. Consequently, he asserts, he entered a plea of guilty at the prompting of counsel, although he was unaware of his rights or ...


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