COMMONWEALTH v. TOMSKI


213 Pa.Super. 416 (1968)

Commonwealth v. Tomski, Appellant.

Superior Court of Pennsylvania.

December 12, 1968.


Attorney(s) appearing for the Case

Robert D. George, for appellant.

Kenneth E. Fox, Jr., District Attorney, for Commonwealth, appellee.

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


OPINION PER CURIAM, December 12, 1968:

Order affirmed.

DISSENTING OPINION BY SPAULDING, J.:

I respectfully dissent. The docket in this appeal from the dismissal without hearing of a petition under the Post Conviction Hearing Act indicates that counsel has been appointed to represent the appellant in this Court. However, the only brief submitted on his behalf is a xerox copy of appellant's handwritten brief.

By statute and rule, appellant is...

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