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COM. v. PROWELL

249 Pa.Super. 435 (1977)

378 A.2d 374

COMMONWEALTH of Pennsylvania v. Frederick PROWELL, Appellant.

Superior Court of Pennsylvania.

Decided October 6, 1977.

Attorney(s) appearing for the Case

Frederic G. Antoun, Jr., and Marilyn C. Zilli, Assistant Public Defenders, Harrisburg, for appellant.

Marion E. MacIntyre, Second Assistant District Attorney, and LeRoy S. Zimmerman, District Attorney, Harrisburg, for Com., appellee.

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

HOFFMAN, Judge:

Appellant contends that the lower court erred in denying his Post Conviction Hearing Act1 petition without a hearing. We agree and, therefore, vacate the order of the lower court and remand for a hearing.

On January 21, 1976, appellant was arrested and charged with criminal trespass2 and burglary.3 On...

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