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COM. v. HAIRSTON

251 Pa.Super. 93 (1977)

380 A.2d 393

COMMONWEALTH of Pennsylvania v. Woodrow W. HAIRSTON, Appellant.

Superior Court of Pennsylvania.

Decided December 2, 1977.

Attorney(s) appearing for the Case

Bruce D. Foreman, Harrisburg, for appellant.

Peter J. Anderson, Deputy District Attorney and LeRoy S. Zimmerman, District Attorney, Harrisburg, for Commonwealth, appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

JACOBS, Judge:

This appeal follows the dismissal of a Post Conviction Hearing Act1 petition without a hearing. Appellant contends that the petition filed below alleges facts which, if proved, would entitle him to relief and that he should have been granted an evidentiary hearing to establish those facts. We agree and, therefore, vacate the order of the lower court and remand for a hearing.

Appellant waived a jury trial on May 28...

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