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COMMONWEALTH v. HAYNES

234 Pa.Super. 556 (1975)

Commonwealth v. Haynes, Appellant.

Superior Court of Pennsylvania.

June 24, 1975.

Attorney(s) appearing for the Case

John J. McCreesh, III, for appellant.

John D. Cooper, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

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

OPINION BY HOFFMAN, J., June 24, 1975:

On April 5, 1974, appellant's petition for relief under the Post Conviction Hearing Act.1 was denied by the court below without a hearing. Appellant contends that the court's action was an express violation of § 1180-7 of the Act.2

The appellant, Lundy T. Haynes, an indigent, was arrested on August 31, 1972, and charged with aggravated

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