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COMMONWEALTH v. OWENS

226 Pa.Super. 479 (1973)

Commonwealth v. Owens, Jr., Appellant.

Superior Court of Pennsylvania.

December 11, 1973.

Attorney(s) appearing for the Case

John J. Dean and John R. Cook, Assistant Public Defenders, and George H. Ross, Public Defender, for appellant.

Robert L. Eberhardt, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P. J., WATKINS, JACOBS, HOFFMAN, CERCONE, and SPAETH, JJ. (SPAULDING, J., absent).

OPINION PER CURIAM, December 11, 1973:

The six judges who heard this appeal being equally divided, the order is affirmed.

OPINION BY HOFFMAN, J., IN SUPPORT OF REVERSAL:

Appellant contends that it was error for the lower court to dismiss his PCHA petition without a hearing or without leave to amend for "extraordinary circumstances."

On May 12, 1966, appellant was convicted on charges of armed robbery, assault and battery, larceny and two counts...

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