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COMMONWEALTH v. VIA

455 Pa. 373 (1974)

Commonwealth v. Via, Appellant.

Supreme Court of Pennsylvania.

March 25, 1974.

Attorney(s) appearing for the Case

Richard D. Walker, Public Defender, for appellant.

Marion E. MacIntyre, Deputy District Attorney, and Leroy S. Zimmerman, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE NIX, March 25, 1974:

The issue presented by this appeal is the propriety of the Dauphin County Court's dismissal without a hearing of appellant's second post-conviction petition filed pursuant to the Post Conviction Hearing Act, Act of January 25, 1966, P.L. (1965) 1580, § 1 et seq., 19 P.S. § 1180-1 et seq. (Supp. 1972). The Superior Court affirmed the order and we granted allocatur.

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