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COM. ex rel. HOWARD v. MYERS

206 Pa.Super. 6 (1965)

Commonwealth ex rel. Howard, Appellant, v. Myers.

Superior Court of Pennsylvania.

June 17, 1965.

Attorney(s) appearing for the Case

Jay V. Yost, for appellant.

Lewis H. Markowitz, Assistant District Attorney, with him Earl R. Doll, Nevin J. Trout and Elmer M. Morris, Assistant District Attorneys, John T. Miller, First Assistant District Attorney, and Daniel W. Shoemaker, District Attorney, for appellee.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).

OPINION PER CURIAM, June 17, 1965:

Relator's petition for a writ of habeas corpus was refused without a hearing. Although he signed written pleas of guilty and waivers of counsel without the assistance of counsel, the record fails to disclose whether he waived his right to counsel intelligently. He was interrogated about his participation in the crimes but nothing was said about counsel. In the light of our decision in Commonwealth ex rel. Ross v. Botula, ...

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