Commonwealth v. Cline

Superior Court of Pennsylvania

Commonwealth v. Cline

231 A.2d 430, 210 Pa. Super. 63, 1967 Pa. Super. LEXIS 957

CourtSuperior Court of Pennsylvania

DecidedJune 16, 1967

DocketAppeal, No. 113

StatusPublished

This text of 231 A.2d 430 (Commonwealth v. Cline) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Cline, 231 A.2d 430, 210 Pa. Super. 63, 1967 Pa. Super. LEXIS 957 (Pa. Ct. App. 1967).

Pincite

Opinion

Per Curiam,

This is an appeal from the dismissal, without hearing, of a petition for post-conviction relief. Petitioner’s sole allegation is lack of representation by counsel at his trial before Reilly, P. J., on charges of armed robbery and violation of the Uniform Firearms Act. The brief notes at trial show that petitioner and his co-defendant, Hursh, were in fact represented by a local attorney. Petitioner contradicts the record, with an affidavit by Hursh, the co-defendant, that this attorney did not represent either defendant. The record is conclusive that petitioner was represented at trial and sentenced. No hearing is necessary where petitioner’s allegations are contradicted by the record. Commonwealth ex rel. Holben v. Russell, 418 Pa. 22, 23, 208 A. 2d 861 (1965).

Order affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion

Per Curiam,

This is an appeal from the dismissal, without hearing, of a petition for post-conviction relief. Petitioner’s sole allegation is lack of representation by counsel at his trial before Reilly, P. J., on charges of armed robbery and violation of the Uniform Firearms Act. The brief notes at trial show that petitioner and his co-defendant, Hursh, were in fact represented by a local attorney. Petitioner contradicts the record, with an affidavit by Hursh, the co-defendant, that this attorney did not represent either defendant. The record is conclusive that petitioner was represented at trial and sentenced. No hearing is necessary where petitioner’s allegations are contradicted by the record. Commonwealth ex rel. Holben v. Russell, 418 Pa. 22, 23, 208 A. 2d 861 (1965).

Order affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

231 A.2d 430, 210 Pa. Super. 63, 1967 Pa. Super. LEXIS 957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-cline-pasuperct-1967.

Opinion

Related

Cite This Page — Counsel Stack