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COMMONWEALTH v. ESHER

212 Pa.Super. 410 (1968)

Commonwealth v. Esher, Appellant.

Superior Court of Pennsylvania.

June 13, 1968.

Attorney(s) appearing for the Case

S.R. Zimmerman, III, for appellant.

Henry J. Rutherford, Assistant District Attorney, and Clarence C. Newcomer, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and HANNUM, JJ.

OPINION BY JACOBS, J., June 13, 1968:

On June 21, 1965 appellant was convicted by a jury of sodomy, and subsequently sentenced to a prison term of 2-10 years.1 No post-trial motions were filed and no appeal was taken by appellant. On April 27, 1967 appellant filed a petition under the Post Conviction Hearing Act alleging, inter alia, that he was denied his "constitutional right to representation by competent counsel caused by his failure...

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