Commonwealth v. Hauser

SPAETH, Judge:

Appellant was convicted by a judge sitting without a jury of neglecting to support an illegitimate child. 1 Before the trial started, appellant waived his right to counsel. The issue on this appeal is whether his waiver was intelligent.

After the trial judge had read aloud the information, the following exchange took place:

Interrogation of Defendant by the Court:

Q. Do you have counsel Mr. Hauser?

A. No, I am going to represent myself.

Q. You are going to represent yourself?

A. Yes.

Q. That’s of your own volition?

A. Well, I talked to a lawyer but I couldn’t come up with the five…