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COMMONWEALTH EX REL. SOUTHERLAND v. RUNDLE (06/16/67)

SUPERIOR COURT OF PENNSYLVANIA


decided: June 16, 1967.

COMMONWEALTH EX REL. SOUTHERLAND, APPELLANT,
v.
RUNDLE

Appeal from order of Court of Common Pleas of Delaware County, No. 3 Term of 1965, in case of Commonwealth ex rel. Elijah Southerland v. Alfred T. Rundle, Superintendent.

COUNSEL

Elijah Southerland, appellant, in propria persona.

Ralph B. D'Iorio and Vram Nedurian, Jr., Assistant District Attorneys, John R. Graham, First Assistant District Attorney, and Paul R. Sand, District Attorney, for appellee.

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

Author: Per Curiam

[ 210 Pa. Super. Page 74]

This is an appeal from an order of the Court of Common Pleas of Delaware County, dismissing relator's petition for a writ of habeas corpus.

Relator pleaded guilty on October 2, 1963 to charges of burglary, larceny, receiving stolen goods, and conspiracy. He now alleges that he changed his plea to guilty at trial, because of threats from the district attorney that he would receive a heavier sentence if he did not do so. He further asserts that his trial counsel, the Voluntary Defender, was inadequate.

The court below held an extensive hearing on the habeas corpus petition. Relator and a co-defendant testified to threats by the district attorney. The Voluntary Defender, Mr. McGowen, who represented relator at trial, stated emphatically that the district attorney made no such threats, that the pleas were, in fact, voluntarily entered, and that he conferred with the defendants for thirty minutes at trial before entry of the guilty pleas.

The evidence at the habeas corpus hearing supports the finding that relator's plea was voluntarily entered. Commonwealth ex rel. Kerekes v. Maroney, 423 Pa. 337, 223 A.2d 699 (1966). Relator did not show inadequate representation by counsel. See Commonwealth ex rel. Mullenaux v. Myers, 421 Pa. 61, 217 A.2d 730 (1966); Commonwealth ex rel. Jones v. Maroney, 417 Pa. 567, 209 A.2d 285 (1965). No confession was used against him at trial. Finally, he did not show that his guilty plea was induced by any of the means justifying withdrawal of the plea, as set forth in Commonwealth v. Scoleri, 415 Pa. 218, 247, 202 A.2d 521 (1964).

Order affirmed.

Disposition

Order affirmed.

19670616

© 1998 VersusLaw Inc.



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