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COMMONWEALTH v. WILLIAMS (09/22/75)

decided: September 22, 1975.

COMMONWEALTH
v.
WILLIAMS, APPELLANT



Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, Oct. T., 1971, Nos. 842, 843, and 844, in case of Commonwealth of Pennsylvania v. Marvin Williams.

COUNSEL

Thomas D. Watkins, for appellant.

Suzanne Balen Ercole, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ.

Author: Per Curiam

[ 236 Pa. Super. Page 530]

The hearing court denied appellant's petition under the Post Conviction Hearing Act, Act of Jan. 25, 1966,

[ 236 Pa. Super. Page 531]

P.L. (1965) 1580, 19 P.S. § 1180-1 et seq. (Supp. 1974-75), without either appointing counsel or conducting an evidentiary hearing, or giving petitioner leave to amend. This was error. Commonwealth v. Stull, 439 Pa. 20, 266 A.2d 477 (1970). The court below should appoint counsel to aid appellant in the preparation and prosecution of his petition.

Order reversed and the case remanded with a procedendo.

Disposition

Order reversed and case remanded with a procedendo.

19750922

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