townsend burke argued april decided june townsend burke archibald cox cambridge petitioner franklin barr philadelphia respondent justice jackson delivered opinion commonwealth pennsylvania holds petitioner prisoner two indeterminate sentences exceeding years upon plea guilty burglary robbery review state denial habeas prisoner demands discharge federal constitutional grounds petitioner fugitive indicted june burglary armed robbery four alleged accomplices arrested may signed joint confession fifth arrested may also june confessed june confessed petitioner arrested june pleading guilty two charges robbery two charges burglary guilty charges sentenced petitioner alleges violation constitutional rights excet conversation wife held incommunicado period hours arrest plea guilty allege beaten misused threatened intimidated held period several times interrogated allege questioning continuous coercive effect plea relief detained claims unlawfully based mcnabb rule applied one use confessions obtained illegal detention limited federal courts applied virtue supervisory power present case confession used plea guilty open dispensed proof crime hence lawfulness detention factor determining admissibility confession temporarily detained illegally bearing validity present confinement based plea guilty particularly since makes allegation induced plea petitioner also relies haley ohio reversed state murder conviction believed based confession wrung uncounseled boy held incommunicado questioning relays police several hours late night even aside differing facts case provides precedent relief prisoner since said confession used allege pleas guilty resulted allegedly illegal detention petitioner also says brought plead represented counsel offered assignment counsel advised right counsel instructed particularity nature crimes charged says circumstances deprived conviction sentence constitutional validity reason due process clause fourteenth amendment recently majority reaffirmed due process clause fourteenth amendment prohibit state accepting plea guilty case uncounseled defendant bute illinois earlier cases indicated however disadvantage absence counsel aggravated circumstances showing resulted prisoner actually taken advantage prejudiced make case violation due process proceedings petitioner following plea guilty consisted recital officer details crimes petitioner others pleaded guilty following action italics supplied addressing townsend townsend old yes sir larceny automobile larceny produce larceny bicycle entering steal larceny entering steal larceny doylestown tried arrested indoylestown mantown avenue robbed paint store brother tried yes guilty entering steal rceny ridge avenue brother receiving stolen goods saxophone want saxophone hope play prison band ten twenty penitentiary trial facetiousness casts somewhat somber reflection fairness proceeding learn record actually charge receiving stolen saxophone dismissed prisoner discharged magistrate savors foul play carelessness find record two charges recited defendant also found guilty charge larceny automobile charge entry steal larceny resulted discharge adjudged guilty liberty assume items given emphasis sentencing influence sentence prisoner serving believe record us evident uncounseled defendant either overreached prosecution submission misinformation prejudiced misreading record counsel present duty prevent proceeding false assumptions perhaps duty seek remedy elsewhere persisted consequently record conclude disadvantage lack counsel prisoner sentenced basis assumptions concerning criminal record materially untrue result whether caused carelessness design inconsistent due process law conviction stand make clear reaching result petitioner allegation sentence unduly severe sentence within limits set statute severity grounds relief even direct review conviction much less review state denial habeas corpus duration severity sentence renders constitutionally invalid careless designed pronouncement sentence foundation extensively materially false prisoner opportunity correct services counsel provide renders proceedings lacking due process mean mere error resolving question fact plea guilty uncounseled defendant case necessarily indicate want due process law fair prosecutors conscientious judges sometimes misinformed draw inferences conflicting evidence agree even erroneous judgment based scrupulous diligent search truth may due process law case counsel might changed sentence taken steps see conviction sentence predicated misinformation misreading records requirement fair play absence counsel withheld prisoner reversed chief justice justice reed justice burton dissent footnotes respondent raised procedural jurisdictional issues state since petitioner throughout based claim relief solely alleged deprivation federal constitutional rights assume questions considered pennsylvania therefore open herndon lowry pennsylvania frequently held state constitutional provision according defendants right heard counsel require appointment counsel noncapital cases see example commonwealth ex rel mcglinn smith commonwealth ex rel withers ashe see also betts brady