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COMMONWEALTH v. DRIES (11/14/68)

decided: November 14, 1968.

COMMONWEALTH
v.
DRIES, APPELLANT



Appeal from order of Court of Oyer and Terminer of Northampton County, Feb. T., 1953, Nos. 20 and 21, in case of Commonwealth of Pennsylvania v. Kenneth R. Dries.

COUNSEL

Dennis J. Monaghan, for appellant.

John E. Gallagher, Assistant District Attorney, and Charles H. Spaziani, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Opinion by Hoffman, J. Wright, P. J., and Watkins, J., would affirm the order below. Montgomery, J., would remand for further hearing on the post-conviction petition.

Author: Hoffman

[ 213 Pa. Super. Page 340]

On January 25, 1954 the appellant, then indigent, entered a plea of guilty to charges of burglary and larceny at No. 20 February Term, 1953, and to burglary and malicious mischief at No. 21 February Term, 1953. The court imposed sentence which appellant is now serving.

[ 213 Pa. Super. Page 341]

The only question we need consider on appeal is whether appellant knowingly and intelligently waived his constitutional right to be represented by counsel. The transcript of the guilty pleas indicates that the court read the indictments to the appellant. The court then stated:

"Judge Barthold: Under the Constitution of Pennsylvania you are entitled to a jury trial if you want one, and you are also entitled to counsel, if you want counsel. Do you wish a jury trial in these matters?

"The Defendant: No, sir.

"Judge Barthold: Do you want counsel appointed for you?

" The Defendant: No, sir."

The balance of the testimony is concerned with an inquiry into the voluntariness of the guilty pleas and the sentences previously imposed upon ...


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