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COMMONWEALTH v. BEECHAM (12/10/69)

decided: December 10, 1969.

COMMONWEALTH
v.
BEECHAM, APPELLANT



Appeals from judgment of Court of Quarter Sessions of Philadelphia County, Nov. T., 1961, Nos. 480 to 484, inclusive, in case of Commonwealth of Pennsylvania v. William Beecham.

COUNSEL

Elizabeth Langford Green and Melvin Dildine, Assistant Defenders, and Vincent J. Ziccardi, Acting Defender, 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 Cercone, JJ. Dissenting Opinion by Hoffman, J. Spaulding, J., joins in this dissenting opinion.

Author: Per Curiam

[ 216 Pa. Super. Page 78]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

In 1961, appellant was convicted of robbery. He filed post-trial motions but never appealed. In 1967, he petitioned for Post Conviction Hearing Act relief, alleging that h had been denied his right of appeal. Appellant was granted leave to file an appeal to this Court nunc pro tunc.

On this appeal nunc pro tunc, he alleges that one or more witnesses were allowed to testify at trial and identify appellant as a principal in a robbery, in violation of Stovall v. Denno, 388 U.S. 293, 87 S. Ct. 1967 (1967). This claim has not been heard or ruled upon below. Moreover, there seems to be some confusion whether such a claim should have been heard below and, if so, by whom.

The Post Conviction Hearing Act, Act of January 25, 1966, P. L. (1965) 1580, 19 ...


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