369 A.2d 725
Supreme Court of Pennsylvania.Submitted October 11, 1976.
Decided February 28, 1977.
Appeal No. 161, January Term, 1975, from Order of Court of Common Pleas, Trial Division, Criminal Section, of Philadelphia County at Nos. 1138 and 1360, April Term, 1972; Ethan Allen Doty, Judge.
Robert H. Finkel, Philadelphia, for appellant.
F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., for appellee.
Before JONES, C. J., and EAGEN, O’BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.
Page 591
OPINION
PER CURIAM.
Order affirmed.
ROBERTS, J., filed a dissenting opinion.
ROBERTS, Justice, dissenting opinion.
I dissent. PCHA appellate counsel asserts that PCHA trial counsel was ineffective. Because this claim cannot be determined from the record, I would remand for an evidentiary hearing on this issue. E. g., Commonwealth v. Twiggs, 460 Pa. 105, 331 A.2d 440 (1975).