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COMMONWEALTH v. TROWERY (11/04/69)

SUPREME COURT OF PENNSYLVANIA


decided: November 4, 1969.

COMMONWEALTH
v.
TROWERY, PETITIONER

Petition for leave to appeal from order of Superior Court, No. 62, Oct. T., 1969, affirming judgment of sentence of Court of Quarter Sessions of Chester County, March T., 1966, No. 189, in case of Commonwealth v. Trowery.

COUNSEL

C. Barry Buckley, for petitioner.

William H. Lamb, Assistant District Attorney, with him Norman J. Pine, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 435 Pa. Page 587]

Petitioner was convicted of robbery and he appealed to the Superior Court, which affirmed. A petition for allocatur followed. The petition was prepared by petitioner; counsel has merely furnished a backer and a typist. This is clearly not the "representation in the role of an advocate" which we require. Commonwealth v. Stancell, 435 Pa. 301, 256 A.2d 798 (1969).

The record is remanded to the hearing court so that counsel can file a proper petition for allocatur.

Disposition

Record remanded.

19691104

© 1998 VersusLaw Inc.



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