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COMMONWEALTH v. JACKSON (06/30/71)

SUPERIOR COURT OF PENNSYLVANIA


decided: June 30, 1971.

COMMONWEALTH
v.
JACKSON, APPELLANT

Appeal from order of Court of Common Pleas of Dauphin County, Jan. T., 1968, Nos. 3, 4, 23, and 24 (O. & T.) and Jan. T., 1968, No. 120 (Q.S.), in case of Commonwealth of Pennsylvania v. John Roland Jackson.

COUNSEL

James R. Clippinger, Assistant Public Defender, for appellant.

Jerome T. Foerster, Assistant District Attorney, and LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Spaulding, J. Hoffman, J., joins in this dissenting opinion.

Author: Per Curiam

[ 219 Pa. Super. Page 297]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Spaulding, J.:

I respectfully dissent.

While in prison, appellant filed a petition pursuant to the Post Conviction Hearing Act, Act of January 25, 1966, P. L. (1965) 1580, 19 P.S. 1180-1 et seq. (Supp. 1970). His petition alleged, inter alia, that his guilty plea was unlawfully induced. On November 12,

[ 219 Pa. Super. Page 2981970]

, the Court of Quarter Sessions of Dauphin County dismissed the petition without a hearing.

I believe appellant's petition alleged sufficient facts concerning the circumstances of his plea to warrant a hearing. Post Conviction Hearing Act, supra, ยง 9; Commonwealth v. Johnson, 431 Pa. 522, 246 A.2d 345 (1968).

19710630

© 1998 VersusLaw Inc.



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