COM. ex rel. ROTHROCK v. RUSSELL, 194 Pa. Super. 570 (1961)

169 A.2d 790

Commonwealth ex rel. Rothrock, Appellant v. Russell.

Superior Court of Pennsylvania.March 20, 1961.
April 13, 1961.

Criminal Law — Practice — Habeas corpus — Failure to provide defendant with counsel — Noncapital offense — Constitutional law.

In a habeas corpus proceeding, in which it appeared that the court below dismissed the petition, holding that neither the provisions of the Constitution of Pennsylvania nor the due process clause of the Fourteenth Amendment to the Federal Constitution prohibited the court from accepting a plea in a noncapital case from an uncounseled defendant, it was Held that the order of the court below should be affirmed.

Submitted March 20, 1961.

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

Page 571

Appeal, No. 2, Oct. T., 1961, from order of Court of Common Pleas of Lancaster County, Sept. T., 1960, No. 4, in case of Commonwealth ex rel. John S. Rothrock v. Harry E. Russell, Superintendent. Order affirmed.

Same case in court below: 23 Pa. D. C. 2d 637.

Habeas corpus.

Order entered dismissing petition, opinion by WISSLER, P.J. Relator appealed.

James S. Rothrock, appellant, in propria persona.

Wilson Bucher, Assistant District Attorney, and Alfred C. Alspach, District Attorney, for appellee.

OPINION PER CURIAM, April 13, 1961:

The order of the court below is affirmed on the opinion of President Judge WISSLER of the Court of Common Pleas of Lancaster County, as reported in 23 Pa. D. C. 2d 637. See, also, Com. ex rel. Diggs v. Banmiller, 191 Pa. Super. 101, 105, 155 A.2d 402; Com. v. Jackson, 193 Pa. Super. 631, 635, 165 A.2d 392.