Opinion
Submitted November 25, 1975.
February 2, 1977.
Petition for post-conviction relief. Order entered dismissing petition, order by MORRIS, J., specially presiding. Defendant appealed. Appeal, No. 188, April T., 1974, from Court of Common Pleas, Criminal Division, of Allegheny County, Oct. T., 1962, Nos. 3 and 14. Submitted November 25, 1975.
Ralph J. Cappy, Public Defender, for appellant; Thomas M. Lilly, Assistant District Attorney, and Robert E. Colville, District Attorney, for Commonwealth, appellee.
The order of the lower court is reversed and the case is remanded for an evidentiary hearing on appellant's Post Conviction Hearing Act petition. Act of January 25, 1966, P.L. (1965) 1580, § 9, effective March 1, 1966, 19 P. S. § 1180-9.
WATKINS, P.J., dissents.