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COMMONWEALTH v. STEIN (10/20/69)

SUPREME COURT OF PENNSYLVANIA


decided: October 20, 1969.

COMMONWEALTH
v.
STEIN, PETITIONER

Petition for leave to appeal from order of Superior Court, No. 109, April T., 1969, affirming order of Court of Quarter Sessions of Washington County, Sept. T., 1967, No. 365, in case of Commonwealth v. Harry J. Stein.

COUNSEL

William C. Porter, for petitioner.

Paul M. Petro, Assistant District Attorney, and Jess D. Costa, District Attorney, for Commonwealth, appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ.

Author: Per Curiam

[ 436 Pa. Page 329]

The petition for allocatur consists of a xeroxed copy of a letter from petitioner to counsel, requesting counsel to file an allocatur petition. Since such a petition does not accord with counsel's required role as an advocate, see Ellis v. United States, 356 U.S. 674, 675, 78 S. Ct. 974, 975 (1958), the case must be remanded so that counsel may file a proper petition. See Commonwealth v. Stancell, 435 Pa. 301, 256 A.2d 798 (1969); Pa. Supreme Ct. Rule 69 (petitions for allowance of appeal must set forth particularly the questions involved and the reasons in favor of granting the petition); cf. Commonwealth v. Villano, 435 Pa. 273, 256 A.2d 468 (1969).

Disposition

Case remanded.

19691020

© 1998 VersusLaw Inc.



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