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COM. v. FAY

294 Pa.Super. 332 (1982)

439 A.2d 1227

COMMONWEALTH of Pennsylvania v. John FAY, Jr., Appellant.

Superior Court of Pennsylvania.

Filed January 14, 1982.

Attorney(s) appearing for the Case

Kenneth W. Johnson, Rockwood, for appellant.

George B. Kaufman, Assistant District Attorney, Somerset, for Commonwealth, appellee.

Before CERCONE, President Judge and BROSKY and HOFFMAN, JJ.

CERCONE, President Judge:

Appellant, John Fay, Jr., takes this appeal from the order of the court below denying appellant relief under the Post Conviction Hearing Act1 (PCHA). For the reasons set forth below, we find that the court erred and we reverse.

On December 22, 1972, a criminal complaint was filed in Somerset County against appellant charging him and two others with...

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