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COMMONWEALTH PENNSYLVANIA v. SAMUEL JAMES BARLOW (10/04/79)

decided: October 4, 1979.

COMMONWEALTH OF PENNSYLVANIA,
v.
SAMUEL JAMES BARLOW, JR., APPELLANT



No. 10 MAY TERM, 1978, Appeal from the Order of the Court of Common Pleas of Dauphin County, Pennsylvania denying Post Conviction Hearing Act relief at No. 42 O & T, September Session 1968.

COUNSEL

Samuel James Barlow, in pro. per.

Marion E. MacIntyre, Second Asst. Dist. Atty., for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Manderino, Larsen and Flaherty, JJ.

Author: Flaherty

[ 486 Pa. Page 546]

OPINION OF THE COURT

In this appeal from denial of relief under the Post Conviction Hearing Act, appellant, Samuel James Barlow, Jr., asserts that he should be permitted to withdraw his guilty plea to murder generally because trial counsel was ineffective for failing to object to the entering of said plea as it was not entered intelligently, knowingly, voluntarily with an understanding of the nature of the charges. We disagree with appellant and affirm the lower court's decision.

On the morning of December 2, 1968, appellant, acting in concert with Foster Tarver and Sharon Wiggins, executed an armed robbery of the Market Street Branch of the Dauphin Deposit Trust Company in Harrisburg, Pennsylvania,

[ 486 Pa. Page 547]

    at which time a customer was shot and killed. Appellant and his co-defendants pled guilty to murder generally in June, 1969 and following an extensive and thorough colloquy by the court, Commonwealth and defense attorneys, the trial court accepted the plea. The court then held a degree of guilt hearing, found appellant guilty of murder of the first degree and subsequently imposed life sentences.

An appeal from the judgment was affirmed by this court, at which time appellant pursued an intoxication defense, not questioning the validity of the guilty plea. Commonwealth v. Barlow, 446 Pa. 263, 284 A.2d 768 (1971).

On March 28, 1973, appellant presented his first Post Conviction Hearing Act Petition which was denied without hearing. There was no appeal from denial of the first PCHA petition. Appellant filed a second PCHA petition on March 6, 1978 which was also denied. ...


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