Opinion
Submitted June 8, 1970.
August 6, 1970.
Petition for post-conviction relief. Appeal, No. 484, Oct. T., 1970, from order of Court of Common Pleas of Bucks County, Jan. T., 1965, No. 550-1, opinion by BECKERT, J. Submitted June 8, 1970.
Rodney D. Henry, Public Defender, for appellant; Michael F. O'Brien, Assistant District Attorney, and Ward F. Clark, District Attorney, for Commonwealth, appellee.
The order of the court below is vacated and the record remanded so that appellant may amend the post-conviction petition of May 6, 1969, to allege any extraordinary circumstances which justify the failure to raise his new allegations on his prior petition. Post Conviction Hearing Act, Section 4(b)(2), Act of January 25, 1966, P.L. (1965) 1580, 19 P. S. § 1180-4(b)(2) (Supp. 1970). See Commonwealth v. Satchell, 430 Pa. 443, 243 A.2d 381 (1968).
WRIGHT, P.J., dissents.