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COMMONWEALTH v. SZEWCZYK

218 Pa.Super. 98 (1971)

Commonwealth v. Szewczyk, Appellant.

Superior Court of Pennsylvania.

March 23, 1971.

Attorney(s) appearing for the Case

Ritchie T. Marsh, and Marsh, Spaeder, Baur, Spaeder & Schaaf, for appellant.

James R. Dailey, Assistant District Attorney, and Michael Palmisano, District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, March 23, 1971:

Order affirmed.

DISSENTING OPINION BY CERCONE, J.:

The defendant, Walter Szewczyk, was convicted in Erie County in 1967 on charges of obstructing an officer, possession of burglary tools, loitering, and prowling at night. At the end of 1967 he filed a petition under the Post Conviction Hearing Act1 alleging that he had not been advised of his right to appeal and that his counsel at trial...

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