COM. v. DUNBAR


503 Pa. 590 (1983)

470 A.2d 74

COMMONWEALTH of Pennsylvania, Appellant, v. John DUNBAR, Appellee.

Supreme Court of Pennsylvania.

Decided December 19, 1983.


Attorney(s) appearing for the Case

Eric B. Henson, Deputy Dist. Atty., Garold E. Tennis, Philadelphia, for appellant.

Louis Lipschitz, Philadelphia (Court-appointed), for appellee.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.


OPINION OF THE COURT

HUTCHINSON, Justice.

This matter is before us on the Commonwealth's appeal by allowance from an order of Superior Court, 301 Pa.Super. 223, 447 A.2d 622, reversing a Philadelphia Court of Common Pleas order denying appellee Dunbar's petition for post-conviction relief. Superior Court held trial counsel was ineffective for failing to file a motion to dismiss under...

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