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COMMONWEALTH v. RODGERS (12/29/71)

decided: December 29, 1971.

COMMONWEALTH
v.
RODGERS, APPELLANT



Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, May T., 1966, No. 4513, in case of Commonwealth of Pennsylvania v. Michael E. Rodgers.

COUNSEL

Faust Mattioni, for appellant.

Richard Max Bockol and Milton M. Stein, Assistant District Attorneys, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Bell, C. J., Jones, Eagen, O'Brien, Roberts, Pomeroy and Barbieri, JJ. Dissenting Opinion by Mr. Justice Roberts. Dissenting Opinion by Mr. Justice Pomeroy. Mr. Justice Eagen joins in this dissent.

Author: Per Curiam

[ 446 Pa. Page 314]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Mr. Justice Roberts:

I dissent because the record indicates the assertion of facts by appellant totally inconsistent with his guilt of murder. His statement, "I do plead guilty to accident shooting . . .", is insufficient to support a factual basis for a plea of guilty to murder. ABA Project on Minimum Standards for Criminal Justice, Standards Relating to Pleas of Guilty ยง 1.6, Commentary (Approved Draft, 1968); Commonwealth v. Sampson, 445 Pa. 558, 285 A.2d 480 (1971) (concurring opinion).

Dissenting Opinion by Mr. Justice Pomeroy:

At defendant's arraignment on a charge of murder, the court conducted an extensive colloquy to determine whether appellant was fully aware of the consequences of ...


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