decided: February 28, 1977.
COMMONWEALTH OF PENNSYLVANIA
HUGHIE KEARNEY, APPELLANT
Appeal No. 161, January Term, 1975, from Order of Court of Common Pleas, Trial Division, Criminal Section, of Philadelphia County at Nos. 1138 and 1360, April Term, 1972; Ethan Allen Doty, Judge.
Robert H. Finkel, Philadelphia, for appellant.
F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., for appellee.
Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Roberts, J., filed a dissenting opinion.
Author: Per Curiam
[ 470 Pa. Page 591]
ROBERTS, Justice, dissenting opinion.
I dissent. PCHA appellate counsel asserts that PCHA trial counsel was ineffective. Because this claim cannot be determined from the record, I would remand for an evidentiary hearing on this issue. E. g., Commonwealth v. Twiggs, 460 Pa. 105, 331 A.2d 440 (1975).
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