Commonwealth v. Pearson

Supreme Court of Pennsylvania

Commonwealth v. Pearson

274 A.2d 757, 442 Pa. 109, 1971 Pa. LEXIS 984

CourtSupreme Court of Pennsylvania

DecidedMarch 18, 1971

DocketAppeal, No. 147

StatusPublished

This text of 274 A.2d 757 (Commonwealth v. Pearson) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Pearson, 274 A.2d 757, 442 Pa. 109, 1971 Pa. LEXIS 984 (Pa. 1971).

Pincite

Opinion

Opinion by

Mr. Chief Justice Bell,

On February 7,1957, appellant was adjudged guilty of murder in the first degree and sentenced to life imprisonment. At his trial, he was represented by counsel.

Appellant contended in his P.C.H.A. petition that he was not informed of his right to appeal. At the hearing, appellant’s attorney testified as follows: “Q. Did you advise him of his right to appeal? A. He himself—well, I mentioned to him that there is no appeal from the electric chair because that was what his wishes were, and he said, ‘I don’t intend to appeal. I don’t want to appeal. I did it and that’s all there is to it.”’ This conversation took place prior to the actual trial and the imposition of sentence. However, the lower [111]*111Court made no finding or decision on this point or issue.

The case is remanded to the lower Court with instructions to determine whether the appellant’s rights, as mandated in Douglas v. California, 372 U.S. 353; Com. ex rel. Cunningham v. Maroney, 421 Pa. 157, 218 A. 2d 811; Com. ex rel. Branam v. Myers, 420 Pa. 77, 216 A. 2d 89; Com. ex rel. Robinson v. Myers, 420 Pa 72, 215 A. 2d 637, were violated.

Case remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion by

Mr. Chief Justice Bell,

On February 7,1957, appellant was adjudged guilty of murder in the first degree and sentenced to life imprisonment. At his trial, he was represented by counsel.

Appellant contended in his P.C.H.A. petition that he was not informed of his right to appeal. At the hearing, appellant’s attorney testified as follows: “Q. Did you advise him of his right to appeal? A. He himself—well, I mentioned to him that there is no appeal from the electric chair because that was what his wishes were, and he said, ‘I don’t intend to appeal. I don’t want to appeal. I did it and that’s all there is to it.”’ This conversation took place prior to the actual trial and the imposition of sentence. However, the lower [111]*111Court made no finding or decision on this point or issue.

The case is remanded to the lower Court with instructions to determine whether the appellant’s rights, as mandated in Douglas v. California, 372 U.S. 353; Com. ex rel. Cunningham v. Maroney, 421 Pa. 157, 218 A. 2d 811; Com. ex rel. Branam v. Myers, 420 Pa. 77, 216 A. 2d 89; Com. ex rel. Robinson v. Myers, 420 Pa 72, 215 A. 2d 637, were violated.

Case remanded.

Cite This Page — Counsel Stack

Bluebook (online)

274 A.2d 757, 442 Pa. 109, 1971 Pa. LEXIS 984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-pearson-pa-1971.

Opinion

Related

Cite This Page — Counsel Stack