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COMMONWEALTH PENNSYLVANIA v. JAMES LEE HAUSER (04/12/79)

decided: April 12, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
JAMES LEE HAUSER, APPELLANT



No. 568 April Term 1978, Appeal from Judgment of Sentence by the Court of Common Pleas of Blair County, Criminal Division, No. 561 of 1977

COUNSEL

John Woodcock, Jr., Public Defender, Hollidaysburg, for appellant.

Susan P. Rea, Assistant District Attorney, Hollidaysburg, for Commonwealth, appellee.

Van der Voort, Spaeth and Montgomery, JJ.

Author: Spaeth

[ 265 Pa. Super. Page 136]

Appellant was convicted by a judge sitting without a jury of neglecting to support an illegitimate child.*fn1 Before the trial started, appellant waived his right to counsel. The issue on this appeal is whether his waiver was intelligent.

[ 265 Pa. Super. Page 137]

After the trial judge had read aloud the information, the following exchange took place:

Interrogation of Defendant by the Court :

Q. Do you have counsel Mr. Hauser?

A. No, I am going to represent myself.

Q. You are going to represent yourself?

A. Yes.

Q. That's of your own volition?

A. Well, I talked to a lawyer but I couldn't come up with the five hundred bucks that he required.

Q. Are you familiar with the fact that you are entitled to the services of a Public Defender if you are indigent and not able to afford counsel fees?

A. Who am I supposed to see?

Q. Who do you see for that?

A. Yes?

Q. Well, you see the Public Defender, who do you suppose you'd see?

A. I don't know.

Q. Pardon me?

A. I don't know the guy.

Q. Whom did you ask?

A. I didn't ask anybody.

Q. Where do you ...


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