Commonwealth ex rel. Sims v. Cavell

Sporkin, J.,

This matter came before the court on relator’s petition and rule to show cause why a writ of habeas corpus should not be issued. The rule was returnable before the writer of this opinion on October 26,1962.

In said petition, relator prayed this court “to vacate sentence ... or grant new trial”, and concluded with the question: “ (D) oes :a ‘faux pas’ by the defendant’s attorney, give said attorney a legal and proper right to enter guilty plea in defendant’s behalf?”

Upon examination and consideration of the allegations of the petition and the trial record, we conclude that there…