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Commonwealth ex rel. Faulde, Appellant, v. Banmiller.

Criminal law — Habeas corpus — Delay in filing petition — Allegation of denial of due process of law and of counsel — Evidence.

In a habeas corpus proceeding, in which it appeared that relator entered pleas of guilty to numerous bills of indictment which arose out of a series of burglaries, larcenies, and robberies and was sentenced to imprisonment in the penitentiary; that in his petition filed more than eleven years after sentencing he averred a denial of due process and of the right to be heard by counsel; that at the hearing on the petition relator alleged that he had been offered leniency, if he would plead guilty, but could not state who had made the offer; that he had been present in court, heard the charges and the witnesses, admitted that he was involved in most of the burglaries, and had not asked for counsel; that relator, who was then twenty-one years of age, had been in criminal court on two prior occasions, wherein he had not asked for counsel and had been sentenced to imprisonment on both occasions; and that there was no suggestion in relator's petition that he was innocent of the offenses to which he had entered pleas of guilty; it was Held that the order of the court below denying the petition should be affirmed.

Submitted March 26, 1958.

OPINION PER CURIAM, April 16, 1958:

The order of the court below is affirmed on the opinion of Judge REIMEL, as reported in 12 Pa. D. C. 2d 78.

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COM. ex rel. FAULDE v. BANMILLER
(Apr 16, 1958)