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COMMONWEALTH v. BELL (09/12/68)

decided: September 12, 1968.

COMMONWEALTH
v.
BELL, APPELLANT



Appeal from order of Court of Quarter Sessions of Philadelphia County, Feb. T., 1958, Nos. 1749 to 1755, inclusive, in case of Commonwealth of Pennsylvania v. Richard Bell.

COUNSEL

Francis Shunk Brown, III, for appellant.

James D. Crawford, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 213 Pa. Super. Page 60]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Spaulding, J.:

I dissent.

On June 26, 1959, petitioner Richard Bell was convicted by a jury of operating a motor vehicle without the consent of its owner, conspiracy to commit robbery, larceny of an automobile, aggravated robbery, and two counts of commission of a crime of violence while armed with a firearm. No appeal was taken from these convictions.

The two petitions under the Post Conviction Hearing Act now before us together allege, inter alia, that an involuntary confession was introduced into evidence against petitioner at trial and that petitioner was denied the right to appeal from an order, made in a previous collateral attack on petitioner's confession, holding that the confession was voluntary.*fn1

Petitioner has twice previously challenged the voluntariness of his confession in collateral proceedings. In January, 1964, he filed a pro se petition for habeas corpus which was dismissed without a hearing. ...


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