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COMMONWEALTH v. JOHNSON

231 Pa.Super. 30 (1974)

Commonwealth v. Johnson, Appellant.

Superior Court of Pennsylvania.

December 11, 1974.

Attorney(s) appearing for the Case

John R. Cook, Trial Defender, John J. Dean, Chief, Appellate Division, and George H. Ross, Public Defender, for appellant.

Louis R. Paulick and Robert L. Eberhardt, Assistant District Attorneys, John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY HOFFMAN, J., December 11, 1974:

Appellant contends that it was error for the court below to dismiss his petition under the Post Conviction Hearing Act, Act of January 25, P.L. (1965) 1580, 19 P.S. § 1180-1 et seq., Supp. 1971, without holding an evidentiary hearing.

In July, 1971, appellant was tried by a judge sitting without a jury in the Court of Common Pleas of Allegheny County. Appellant...

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