COMMONWEALTH v. BENNETT


472 Pa. 314 (1977)

372 A.2d 713

COMMONWEALTH of Pennsylvania v. Edward BENNETT, Appellant (two cases).

Supreme Court of Pennsylvania.

Decided February 28, 1977.

Reargument and Reconsideration Denied May 10, 1977.


Attorney(s) appearing for the Case

Anthony D. Pirillo, Jr., Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., for appellee.

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


O'BRIEN, Justice.

This appeal arises from the dismissal, without a hearing, by the Court of Common Pleas of Philadelphia, of the counselled Post Conviction Hearing Act Petition of appellant, Edward Bennett. The facts surrounding this appeal are as follows.

In October, 1965, appellant was tried by a judge sitting with a jury and was convicted of murder in the second degree, aggravated robbery and conspiracy. On March 18, 1966, post-verdict motions were denied...

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