Commonwealth v. Smith

Opinion by

Jacobs, J.,

Defendant was arrested in 1964 and charged with assault and battery with intent to ravish and indecent assault. With counsel he waived indictment, pled guilty and was sentenced to 2%-5 years. After exhausting state post-conviction remedies, defendant was granted a hearing before Judge Luongo of the Federal District Court, Eastern District of Pennsylvania. From the evidence presented Judge Luongo was convinced that due to defendant’s mental condition, he had not entered a knowing and intelligent guilty plea. Therefore, on April 3, 1967, that court ordered defendant’s…