Commonwealth v. Miller

MONTEMURO, Judge:

This is an appeal from the order of the Court of Common Pleas of Lebanon County denying the motion of appellant, James A. Miller, for expungement of a charge of burglary from his criminal record. Because we conclude that the lower court erred in its determination, the order should be vacated.

The facts relevant to the present appeal are as follows: On October 21, 1963, the appellant, James Miller, was *528charged with the burglary1 of a restaurant in Lebanon, Pennsylvania. After twenty hours of interrogation, without counsel being present, the appellant admitted the charges and…