COM. v. WHITTAKER


292 Pa.Super. 172 (1981)

436 A.2d 1207

COMMONWEALTH of Pennsylvania, v. John WHITTAKER, Appellant.

Superior Court of Pennsylvania.

Filed November 6, 1981.

Petition for Allowance of Appeal Denied January 29, 1982.


Attorney(s) appearing for the Case

Frank Bognet, Hazleton, for appellant.

Chester B. Muroski, District Attorney, Wilkes-Barre, for Commonwealth, appellee.

Before BROSKY, JOHNSON and POPOVICH, JJ.


POPOVICH, Judge:

The only issue appellant, John Whittaker, raises in this appeal is whether the post-conviction hearing court properly dismissed his post-conviction hearing act petition without conducting a hearing. See the Act of January 15, 1966, P.L. (1965) 1580 § 1 et seq., 19 P.S.A. § 1180-1 et seq. (1981-2). More specifically, appellant contends that a hearing is necessary because "the record clearly demonstrates (1) that the Petitioner...

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