Appeal from order of Court of Common Pleas of Crawford County, Sept. T., 1968, No. 23, in case of Commonwealth of Pennsylvania v. John Jackson.
Mark D. Prather, for appellant.
David P. Truax, Assistant District Attorney, and Paul D. Shafer, Jr., 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.
[ 216 Pa. Super. Page 122]
Dissenting Opinion by Hoffman, J.:
Appellant was convicted of a criminal charge following a trial before a judge and jury. No appeal was taken from that conviction.
Appellant then filed a petition under the Post Conviction Hearing Act, Act of January 25, 1966, P. L. (1965) 1580, 19 P.S. § 1180, alleging ineffective assistance
[ 216 Pa. Super. Page 123]
of counsel. His petition indicated at least two bases for his allegation: (1) Counsel failed to interview and subpoena witnesses favorable to appellant. (2) Counsel failed to heed appellant's requests that an appeal be taken. No answer to this petition by the Commonwealth appears of record. ...