Commonwealth Ex Rel. Smart v. Myers

Opinion by

Mr. Justice O’Brien,

Appellant, while represented by counsel, entered a plea of guilty to murder generally, and, after the taking of testimony, was convicted of murder in the second degree and sentenced accordingly. The plea and sentence took place on June 16, 1964.

On January 12 and February 28, 1966, appellant filed petitions for writs of habeas corpus, both of which were dismissed without hearing by the court below. These appeals followed.

The first petition for writ of habeas corpus alleged that appellant was compelled to make a statement without first being advised of his right to…