COM. ex rel. SIMS v. CAVELL

Criminal Law — Practice — Habeas corpus — Alleged "faux pas" of counsel — Change of plea to not guilty.

In a habeas corpus proceeding, in which it appeared that petitioner questioned whether a "faux pas" by his counsel gave the latter "a legal and proper right" to enter a guilty plea in defendant's behalf; that during the progress of the trial of defendant and his co-defendant, petitioner withdrew his pleas of not guilty and entered pleas of guilty to all bills of indictment; that before the trial judge imposed sentence petitioner was asked by his counsel at the bar of the court if there was anything he wanted to say; that petitioner at no time protested his innocence, nor did he complain to the court in respect to the change of plea; that his petition for a writ of habeas corpus was filed a year and a half after he had commenced serving his sentence; and that the court below, holding that the alleged "faux pas" of petitioner's counsel, before the pleas of not guilty were withdrawn, could have been prejudicial only to the co-defendant, not to petitioner, that the record clearly established petitioner's guilt, and that petitioner's contention was not properly raised by petition for writ of habeas corpus, dismissed the petition; it was Held that the order of the court below should be affirmed.

Submitted March 20, 1963.