Commonwealth v. White

249 A.2d 349, 433 Pa. 109, 1969 Pa. LEXIS 531

Opinions

Opinion

Per Curiam,

Order affirmed by an equally divided Court.

Opinion by

Mr. Justice Cohen

in Support oe Affirmance :

Commonwealth v. Baker, 429 Pa. 209, 239 A. 2d 201 (1968), and Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. ed. 2d 493 (1967), are not authority for the position taken by Justice O’Brien. In both of these cases the issue came before the court upon direct appeal. Since the instant appeal relates to a post-conviction hearing, it is my opinion that we are not bound by the determination in Baker and Anders.

Mr. Chief Justice Bell and Mr. Justice Jones join in this opinion.