Appeal from order of Court of Common Pleas of Delaware County, No. 629 of 1973, in case of Commonwealth of Pennsylvania v. James L. Whitest.
Paul D. Nelson and Lord & Mulligan, for appellant.
Anna Iwachiw Vadino and Ralph B. D'Iorio, Assistant District Attorneys, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee.
Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Justice Manderino.
This is an appeal which purports to be an appeal from the trial court's order denying appellant's petition for habeas corpus relief. On the state of the record before us, we find meaningful appellate review impossible,
and thus remand for proceedings consistent with this opinion.
The record before us contains almost no information concerning the history of this case. The briefs submitted to us indicate the following facts. The appellant was indicted on December 9, 1971, for the crime of murder. He was subsequently arrested on October 11, 1972, in New York and returned to Delaware County, Pennsylvania, on December 22, 1972. On January 19, 1973, appellant filed an application for a writ of habeas corpus. Relief was denied and this appeal followed.
The docket entries contained in the record before us show only that on January 19, 1973, the appellant, James Whitest, filed an application for a writ of habeas corpus. There are no other docket entries as to any other proceedings in the trial court. See Pa. R. S. Ct. 60. The docket entries do not show whether an answer was filed, or a hearing held, or an official transcript of any hearing filed, or a final order entered, or an opinion filed. Moreover, the record submitted to this Court does not contain an answer, a transcript of a hearing, a copy of any final order, or any opinion by the trial court. See Pa. R. S. Ct. 56.
The appellant's original application for a writ of habeas corpus, which is the only document from the trial court in the record before us, appears to have been prepared without the assistance of counsel and there is no indication in the record, or in any of the briefs before us, that the appellant received the assistance of counsel in the preparation of his application or any hearing held on that application. Appellant's counsel states in the brief submitted to this Court that this appeal "was taken by the appellant on his own behalf and it was subsequent to his appeal that the instant counsel was appointed."
Moreover, the brief submitted to this Court by appellant's counsel is of no ...