Criminal law — Constitutional law — 6th and 14th Amendments — Guilty plea — Validity — Lack of counsel — Waiver of constitutional right — Necessity of clear record — Post Conviction Hearing Act.
1. Where petitioner pleaded guilty in 1959 to charges of burglary, larceny and receiving stolen goods, and the record showed "The Court: I think you ought to have a lawyer. . . . Mr. Allen, the Court will appoint counsel for you. Do you want a lawyer? The Defendant: No, sir.", it was Held that the record did not prove petitioner's understanding and intelligent waiver of his constitutional right to the assistance of counsel.
2. Depending upon the particular circumstances of the case, the record must show, among other things, that the accused knew the nature of the crime charged against him, was advised or was aware of his right to counsel, and, if indigent or otherwise unable to secure counsel, that he was advised or was aware of his right to have assigned counsel and that the accused intelligently and understandingly rejected the services of counsel.
3. Where the accused enters a plea of guilty to a complicated offense the nature and completeness of the examination discussed in Commonwealth ex rel. McCray v. Rundle, 415 Pa. 65, is required.
OPINION PER CURIAM, March 1, 1968:
The Orders of the Superior Court and the Court of Quarter Sessions of Montgomery County are reversed, and the case is remanded for a new trial on Bill No. 63, November Sessions, 1957, on the dissenting opinion of Judge HOFFMAN of the Superior Court, at 211 Pa. Super. 259 at 260.