Opinion
October 20, 1969.
Criminal Law — Counsel for defendant — Preparation of allocatur petition — Mere xeroxed copy of letter from petitioner to counsel requesting filing of allocatur petition.
A petition for allocatur filed by counsel which consists of a xeroxed copy of a letter from petitioner to counsel, requesting counsel to file an allocatur petition, does not accord with counsel's required role as an advocate.
Before BELL, C. J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.
Petition for leave to appeal, No. 3162-A Miscellaneous Docket, from order of Superior Court, No. 109, April T., 1969, affirming order of Court of Quarter Sessions of Washington County, Sept. T., 1967, No. 365, in case of Commonwealth v. Harry J. Stein. Case remanded.
Same case in Superior Court: 215 Pa. Super. 724.
Petition for post-conviction relief.
Order entered dismissing petition, opinion by McCUNE, J. Defendant appealed to the Superior Court, which affirmed the order of the court below. Petition for allocatur filed with Supreme Court.
William C. Porter, for petitioner. Paul M. Petro, Assistant District Attorney, and Jess D. Costa, District Attorney, for Commonwealth, appellee.
The petition for allocatur consists of a xeroxed copy of a letter from petitioner to counsel, requesting counsel to file an allocatur petition. Since such a petition does not accord with counsel's required role as an advocate, see Ellis v. United States, 356 U.S. 674, 675, 78 S.Ct. 974, 975 (1958), the case must be remanded so that counsel may file a proper petition. See Commonwealth v. Stancell, 435 Pa. 301, 256 A.2d 798 (1969); Pa. Supreme Ct. Rule 69 (petitions for allowance of appeal must set forth particularly the questions involved and the reasons in favor of granting the petition); cf. Commonwealth v. Villano, 435 Pa. 273, 256 A.2d 468 (1969).