Commonwealth v. Jackson

219 Pa. Super. 297 | Pa. Super. Ct. | 1971

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, 1970, 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.

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Lead Opinion

Opinion

Pee Cueiam,

Order affirmed.