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COMMONWEALTH v. OWENS (12/11/73)

decided: December 11, 1973.

COMMONWEALTH
v.
OWENS, JR., APPELLANT



Appeal from order of Court of Common Pleas, Criminal Division, of Allegheny County, Nos. 6455 and 6488 of 1965, in case of Commonwealth of Pennsylvania v. Kenneth W. Owens, Jr.

COUNSEL

John J. Dean and John R. Cook, Assistant Public Defenders, and George H. Ross, Public Defender, for appellant.

Robert L. Eberhardt, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Cercone, and Spaeth, JJ. (Spaulding, J., absent). Opinion by Hoffman, J., In Support of Reversal. Cercone and Spaeth, JJ., join in this opinion in support of reversal.

Author: Per Curiam

[ 226 Pa. Super. Page 480]

The six judges who heard this appeal being equally divided, the order is affirmed.

Disposition

Order affirmed.

Opinion by Hoffman, J., In Support of Reversal:

Appellant contends that it was error for the lower court to dismiss his PCHA petition without a hearing or without leave to amend for "extraordinary circumstances."

On May 12, 1966, appellant was convicted on charges of armed robbery, assault and battery, larceny and two counts of receiving stolen goods. Appellant filed a Post Conviction Hearing petition on December 7, 1966. After a hearing, at which counsel was present, the hearing judge denied post-conviction relief. Appellant filed

[ 226 Pa. Super. Page 481]

    a second petition on November 12, 1971, which was ...


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