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COMMONWEALTH v. NACE

222 Pa.Super. 329 (1972)

Commonwealth v. Nace, Appellant.

Superior Court of Pennsylvania.

September 15, 1972.

Attorney(s) appearing for the Case

Edward F. Browne, Jr., Assistant Public Defender, for appellant.

George T. Brubaker, Assistant District Attorney, and Clarence C. Newcomer, District Attorney, for Commonwealth, appellee.

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

OPINION BY PACKEL, J., September 15, 1972:

The appellant had petitioned for a post-conviction hearing on the ground of ineffective assistance of counsel in that his attorney did not object to a conviction on a charge that was not set forth in the indictment. The indictment was for larceny of a motor vehicle and the conviction was for the operation of a motor vehicle without the knowledge or consent of the owner or custodian. The court below, without a hearing, denied...

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