Pennsylvania ex rel. Billman v. Burke

FOLLMER, District Judge.

Petitioner was on October 3, 1940, convicted in a state court1 on a charge of burglary. At his trial and at the time of sentence as originally imposed, he was represented by counsel appointed by the Court.2 The Court subsequently, on the ground that it had been misinformed by defendant,3 vacated this sentence. Thereupon, on October 11, 1940, he was resentenced to a longer term. He alleges that counsel was not present at such resentence. He does not contend that he requested the presence of counsel at such resentence. The petitioner here was fully aware of his rights,…