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COMMONWEALTH v. BIAGIARELLI

454 Pa. 264 (1973)

Commonwealth v. Biagiarelli, Appellant.

Supreme Court of Pennsylvania.

November 26, 1973.

Attorney(s) appearing for the Case

John H. Corbett, Jr. and John J. Dean, Assistant Public Defenders, and George H. Ross, Public Defender, for appellant.

Robert L. Eberhardt and Louis R. Paulick, Assistant District Attorneys, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE O'BRIEN, November 26, 1973:

Appellant, Peter J. Biagiarelli, was tried by a jury and convicted of murder in the first degree. Post-trial motions were filed, but appellant's counsel failed to appear at the argument of the post-trial motions and they were dismissed. No appeal was filed from the judgment of sentence. Appellant then filed a Post Conviction Hearing Act petition, alleging that he was not informed that his counsel failed to appear...

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