COM. v. COCHRAN


261 Pa.Super. 236 (1978)

396 A.2d 375

COMMONWEALTH of Pennsylvania v. David T. COCHRAN, Appellant.

Superior Court of Pennsylvania.

Decided December 22, 1978.


Attorney(s) appearing for the Case

Abram Frank Reynolds, Philadelphia, for appellant.

Michael R. Stiles, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

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


JACOBS, President Judge:

This appeal arises from the denial of appellant's most recent P.C.H.A. petition. The issue for our determination is whether the court below erred in dismissing the petition without a hearing. For the reasons that follow, we hold it did, and therefore vacate the order entered below and remand for further proceedings.

On May 22, 1971, appellant was arrested and charged with burglary, attempted burglary, larceny, and receiving stolen...

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