Commonwealth v. Alvarado

Opinion by

Mr. Justice Roberts,

On June 2, 1966, appellant Julio Alvarado pleaded guilty to an indictment charging him with rape and murder. Following a degree of guilt hearing, a three-judge panel found the homicide to be murder in the first degree and sentenced him to death. On January 14, 1970, Alvarado’s petition for leave to withdraw his guilty plea was denied, and the present appeal followed.

The Commonwealth concedes that the prosecutor assigned to try Alvarado’s case promised not to seek the death penalty in return for a guilty plea. In urging that he is now entitled to withdraw that…