after relator's incarceration in May, 1966, is contradicted by the record. The Classification Summary stating that the relator, 'apparently has defective intelligence which may be attributable more to cultural deprivation than to limited talents', was admitted into evidence and stipulated to as true by counsel (P.C.H.A., pp. 10-11). In reaching its conclusion that the plea was voluntary, the judge in the post-conviction proceedings considered the low intelligence of the relator, as well as his testimony before that court and the transcript at trial. (P.C.H.A., pp. 20-22). The Pennsylvania Supreme Court noted the same considerations, including the fact that the relator's tested intelligence was low, and I concur with their judgment. I have thus found that relator's second allegation is without merit.
The attack on the failure of the Post-Conviction Hearing Act judge to order further psychiatric and mental studies in his evaluation of the relator's capacity to enter a voluntary plea of guilty is in effect an assertion that he is entitled to yet another and more extensive hearing on the voluntariness of his plea. Under the Pennsylvania Post-Conviction Hearing Act Petition, relator is not entitled to a hearing on his competency to plead guilty since his allegations were contradicted by the record. Commonwealth v. Savage, supra; Commonwealth v. Stokes, 426 Pa. 265, 268, 232 A.2d 193 (1967). Relator testified that his court-appointed attorney had entered the plea without relator's consent, that the trial judge said only a few words to relator, and that he could not hear or understand the questions put to him (P.C.H.A., pp. 8, 13-15). As stated before, these factual allegations are contradicted by the record of the trial to determine the degree of guilt, and the Post-Conviction judge found against the relator's claims. Where the state courts after a full and adequate hearing, as in this case, have determined the issue adversely to relator's contentions, the relator is not entitled to a federal habeas corpus evidentiary hearing on the same issue. Townsend v. Sain Supra. The failure to order further studies was a matter well within the state court's discretion, considering the wealth of other evidence before the court in this case.
Since the relator never raised the issue of the failure to order a presentence report in any of the state proceedings, I have not considered that question by reason of the failure to exhaust state remedies.
Finally, the contention that Boykin v. Alabama, supra, is conclusive in relator's favor is ill founded. As amply demonstrated by the quoted portion of the record, relator's case is wholly unlike Boykin. For here, the trial judge conducted a full on the record inquiry in order to determine whether relator's plea was voluntary; whereas in Boykin there was a 'silent record', and the Supreme Court found that 'So far as the record shows, the judge asked no questions of petitioner (Boykin) concerning his pleas, and petitioner did not address the court'. 89 S. Ct. 1710.
Alternatively, our Court of Appeals has held that Boykin is not to be applied retroactively. United States ex rel. Hughes v. Rundle, 419 F.2d 116, 3d Cir., November 14, 1969. Boykin cannot be applied to this case because relator's plea was accepted in April, 1966 and Boykin was decided on June 2, 1969. If the Supreme Court were to disagree with the Court of Appeals' view as stated above, Boykin would still not support the relator's release because of the factual differences.