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COMMONWEALTH v. SMITH

231 Pa.Super. 85 (1974)

Commonwealth v. Smith, Appellant.

Superior Court of Pennsylvania.

November 14, 1974.

Attorney(s) appearing for the Case

James J. Phelan, Jr., for appellant.

No appearance entered nor brief submitted for Commonwealth, appellee.

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

OPINION BY JACOBS, J., November 14, 1974:

The sole issue raised in this appeal is whether the court below acted properly in dismissing without a hearing appellant's petition under the Post Conviction Hearing Act1 without appointing counsel to represent him in the proceeding. We hold that it did not.

Pa. R. Crim. P. 1503(a) states that "when an unrepresented petitioner satisfies...

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