Appeal from order of Court of Oyer and Terminer and Quarter Sessions of Philadelphia County, Nov. T., 1964, No. 1247, in case of Commonwealth v. Willie White.
Elizabeth Langford Green and Melvin Dildine, Assistant Defenders, and Herman I. Pollock, Defender, for appellant.
James D. Crawford, Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Bell, C. J., Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Cohen in Support of Affirmance. Mr. Chief Justice Bell and Mr. Justice Jones join in this opinion. Dissenting Opinion by Mr. Justice O'Brien. Mr. Justice Eagen and Mr. Justice Roberts join in this dissenting opinion.
Order affirmed by an equally divided Court.
Opinion by Mr. Justice Cohen in Support of Affirmance:
Commonwealth v. Baker, 429 Pa. 209, 239 A.2d 201 (1968), and Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. ed. 2d 493 (1967), are not authority for the position taken by Justice O'Brien. In both of these cases the issue came before the court upon direct appeal. Since the instant appeal relates to a post-conviction hearing, it is my opinion that we are not bound by the determination in Baker and Anders.
Dissenting Opinion by Mr. Justice O'Brien:
Appellant is appealing from the denial, after hearing, of his petition for relief under the Post Conviction Hearing Act. He had been convicted of second degree murder, after a plea of guilty to murder generally, in December of 1965. After being sentenced to five to twenty years' imprisonment, he made no post-trial motions, and took no appeal. He filed a post-conviction petition in ...