COMMONWEALTH v. BENJAMIN


216 Pa.Super. 224 (1970)

Commonwealth v. Benjamin, Appellant.

Superior Court of Pennsylvania.

March 19, 1970.


Attorney(s) appearing for the Case

Richard M. Lovenwirth, Assistant Public Defender, for appellant.

Richard A. Devlin, and Stewart J. Greenleaf, Assistant District Attorneys, Parker H. Wilson, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

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


OPINION PER CURIAM, March 19, 1970:

Order affirmed.

SPAULDING, J., dissents.

DISSENTING OPINION BY HOFFMAN, J.:

Appellant pleaded guilty to a charge of larceny in 1958. He was sentenced to one year's probation, which term he completed without incident.

In 1969, appellant filed a petition under the Post Conviction Hearing Act, Act of January 25, 1966, P.L. (1965) 1580, 19 P.S. § 1180, alleging that his plea was unlawfully induced...

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