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COMMONWEALTH v. HOFFMAN (09/12/68)

decided: September 12, 1968.

COMMONWEALTH
v.
HOFFMAN, APPELLANT



Appeal from order of Court of Oyer and Terminer of Cumberland County, Dec. T., 1955, No. 2, in case of Commonwealth of Pennsylvania v. Richard U. T. Hoffman.

COUNSEL

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

John B. Fowler, III, Assistant District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 213 Pa. Super. Page 161]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

This is an appeal from an order of the Court of Oyer and Terminer of Cumberland County denying appellant's petition for post-conviction relief.

The crucial question in this case is whether appellant effectively waived his constitutional right to the assistance of counsel.

[ 213 Pa. Super. Page 162]

In the instant case, the lower court at the time of trial asked, "Are you willing to waive the appointment of counsel?" to ...


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