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COMMONWEALTH v. JACKSON (03/12/70)

decided: March 12, 1970.

COMMONWEALTH
v.
JACKSON, APPELLANT



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.

COUNSEL

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.

Author: Per Curiam

[ 216 Pa. Super. Page 122]

Order affirmed.

Disposition

Order affirmed.

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. ...


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