December 8, 1978
COMMONWEALTH OF PENNSYLVANIA
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.
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.
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.
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