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COMMONWEALTH PENNSYLVANIA v. FRANK NEWBERRY (12/08/78)

December 8, 1978

COMMONWEALTH OF PENNSYLVANIA
v.
FRANK NEWBERRY, APPELLANT



No. 289 March Term, 1977, Appeal from the Order of the Court of Common Pleas, Criminal, of Dauphin County, at No. 735 Criminal Division, 1976.

Per Curiam:

Order affirmed.

JACOBS, P.J., files a dissenting statement in which PRICE, J., joins.

HOFFMAN, J., did not participate in the consideration or decision of this case.

JACOBS, P.J.:

I respectfully dissent and would remand this case for an evidentiary hearing on appellant's Post Conviction Hearing Act petition.

PRICE, J., joins in this dissenting statement.

19781208

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