COMMONWEALTH v. ROUGHT (No. 1), 431 Pa. 163 (1968)

245 A.2d 258

Commonwealth v. Rought, Petitioner (No. 1).

Supreme Court of Pennsylvania.
August 22, 1968.

Criminal law — Post-conviction proceeding — Dismissal of petition — Appeal from dismissal order — Indigent person — Right to counsel on appeal.

A person who lacks the means to procure counsel and who seeks to appeal from an order dismissing his Post Conviction Hearing Act petition without hearing is entitled to counsel to aid him in prosecuting his appeal.

Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O’BRIEN and ROBERTS, JJ.

Petition for leave to appeal, Jan. T., 1969, No. 108, from order of Superior Court, Oct. T., 1967, No. 1178, affirming order of Court of Quarter Sessions of Susquehanna County, Nov. T., 1954, Nos. 41-43, inclusive, in case of Commonwealth of Pennsylvania v. Walter J. Rought, Jr. Petition granted, order of Superior Court vacated and record remanded to Court of Quarter Sessions of Susquehanna County.

Same case in Superior Court: 211 Pa. Super. 767.

Proceeding under Post Conviction Hearing Act.

Petition dismissed, opinion by LITTLE, P. J. Defendant appealed to Superior Court which affirmed order. Petition for allocatur filed.

Walter J. Rought, Jr., appellant, in propria persona.

M. Donald O’Malley, District Attorney, for Commonwealth, appellee.

OPINION PER CURIAM, August 22, 1968:

The petition for allowance of appeal is granted. The order of the Superior Court is vacated, and the record is remanded to the Court of Quarter Sessions of Susquehanna

Page 164

County for appointment of counsel on appeal to the Superior Court in accordance with the dissenting opinion of Judge SPAULDING in Commonwealth v. Hoffman, 212 Pa. Super. 206, 240 A.2d 384 (1968) (HOFFMAN, J. and HANNUM, J., joined in this opinion). See also Commonwealth v. Walters, 431 Pa. 74, 79, n. 4, 244 A.2d 757, 761, n. 4 (1968); Pa. R. Crim. P. 1503.