Commonwealth v. Jackson

Superior Court of Pennsylvania June 30, 1971

Commonwealth v. Jackson, 219 Pa. Super. 297 (1971)

279 A.2d 287; 1971 Pa. Super. LEXIS 1375

Cercone, Cueiam, Hoeeman, Hoffman, Jacobs, Montgomery, Spaulding, Watkins, Weight

Opinion of the Court

Opinion

Pee Cueiam,

Order affirmed.

Dissenting Opinion

Dissenting Opinion by

Spaulding, J.:

I respectfully dissent.

While in prison, appellant filed a petition pursuant to the Post Conviction Hearing Act, Act of January 25, 1966, P. L. (1965) 1580, 19 P.S. 1180-1 et seq. (Supp. 1970). His petition alleged, inter alia, that his guilty plea was unlawfully induced On November 12, *2981970, the Court of Quarter Sessions of Dauphin County dismissed the petition without a hearing.

I believe appellant’s petition alleged sufficient facts concerning the circumstances of his plea to warrant a hearing. Post Conviction Hearing Act, supra, §9; Commonwealth v. Johnson, 431 Pa. 522, 246 A. 2d 345 (1968).

Hoeeman, J., joins in this dissenting opinion.

Reference

Cited By: 1 case
Status: Published