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COMMONWEALTH v. HAWKINS

445 Pa. 279 (1971)

Commonwealth v. Hawkins, Appellant.

Supreme Court of Pennsylvania.

December 20, 1971.

Attorney(s) appearing for the Case

Harry L. McNeal, Jr., Assistant Public Defender, for appellant.

Joseph E. Erb, Assistant District Attorney, and Harold N. Fitzkee, Jr., District Attorney, for Commonwealth, appellee.

Before BELL, C.J., JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.

OPINION BY MR. JUSTICE BARBIERI, December 20, 1971:

In 1966 appellant was convicted by a jury of murder in the second degree and sentenced by the court to a term of 10 to 20 years in prison. Two years later appellant filed a petition under the Post Conviction Hearing Act1 (PCHA) which was dismissed following a hearing on May 23, 1968. Because the notes of testimony of this hearing were unavailable on appellant's first appeal to this Court...

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