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COMMONWEALTH v. HOFFMAN (04/05/68)

decided: April 5, 1968.

COMMONWEALTH
v.
HOFFMAN, APPELLANT



Appeal from order of Court of Oyer and Terminer of Dauphin County, June T., 1955, Nos. 58 to 63, inclusive, 65, 66, 67, and 73 to 76, inclusive, in case of Commonwealth of Pennsylvania v. Richard U. T. Hoffman.

COUNSEL

Richard U. T. Hoffman, appellant, in propria persona.

Jerome T. Foerster, Assistant District Attorney, LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Dissenting Opinion by Spaulding, J. Hoffman and Hannum, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 212 Pa. Super. Page 206]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Spaulding, J.:

In addition to several contentions regarding the merits, petitioner alleges that he is entitled to counsel to aid him in prosecuting this appeal from the dismissal without hearing of his Post Conviction Hearing

[ 212 Pa. Super. Page 207]

Act petition*fn1 by the court below. This court today dismisses that contention. I disagree.

In my judgment such a guarantee of counsel is implicit in Commonwealth v. Hoffman, 426 Pa. 226, 232 A.2d 623 (1967) (per curiam), and Commonwealth v. Richardson, 426 Pa. 419, 233 A.2d 183 (1967) (per curiam), which hold such appointment mandatory "in a post-conviction proceeding" on a request ...


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