October Sessions, 1946, and of the subsequent proceedings in the state courts.
From the records, it appears that relator pleaded guilty to armed robbery of Holley Hotel in Bradford, Pennsylvania, and was sentenced to imprisonment for a minimum of 5 years and a maximum of 15 years, effective July 19, 1946. Apparently, there is no transcript of the sentence hearing. The return of the Superintendent of the State Correctional Institution where relator is presently confined and the records disclose that he was paroled on February 15, 1952; on June 24, 1954, he was sentenced to serve from 10 to 25 years in the State Penitentiary at Michigan City, Indiana, on a charge of robbery;
that upon his release from that sentence on February 24, 1961, the Pennsylvania Board of Parole took him into custody as a convicted parole violator; that because of his conviction of a new crime while on parole, the time he was at liberty, i.e., 9 years, 5 months and 4 days, was forfeited pursuant to the law of Pennsylvania;
that his maximum term now expires on July 28, 1970.
Relator has presented three unsuccessful petitions for the writ in the Court of Common Pleas of McKean County, Pennsylvania.
He has presented one unsuccessful petition for the writ in this court at Civil Action No. 64-1005.
At Civil Action No. 65-904, he presented a petition for removal of cause and declaratory judgment which was denied by Judge Rosenberg. He brought a Civil Rights action in this court at Miscellaneous No. 3723 against a judge and other officials of McKean County, which was dismissed by Chief Judge Gourley.
All of the foregoing actions encompassed complaints relating to his conviction in 1946, including some of those listed in the petition here under consideration.
Relator made no complaints relative to his conviction until after he was recommitted for parole violation. He has never denied his guilt. He has never asserted his admissions of guilt were other than voluntary. His first petition for the writ was presented to Judge Charles G. Hubbard, the sentencing Judge, at No. 189 December Term, 1963. In that petition, as he does here, the relator alleged as a ground for relief inadequate representation by counsel. Judge Hubbard in dismissing the petition states in his opinion:
"At the time of his [relator's] sentence, he was represented by an attorney. * * *