Commonwealth v. Carey

Opinion by

Spaeth, J.,

Appellant contends that he did not voluntarily waive his right to a jury trial, and that he is therefore entitled to a new trial.

Appellant and a co-defendant were charged with burglary with intent to commit a felony, unlawfully resisting arrest, and assault and battery. The assistant district attorney agreed with appellant’s counsel that he would recommend probation if appellant would plead guilty, and appellant on the advice of counsel accepted this plea bargain. However, when on September 4, 1969, appellant appeared' for trial before Judge DiBona, this bargain was…