Appeals — Counsel for defendant — Representation in role of advocate — Failure to file brief in Superior Court — Inadequate petition for allowance of appeal.
In this case, in which it appeared that petitioner's counsel in the Superior Court had filed no brief and filed an inadequate petition for allowance of appeal, it was Held that there was not the representation in the role of an advocate which was required; accordingly, the petition for allocatur was granted, the order of the Superior Court vacated, and the case remanded so that the Superior Court might consider the appeal upon the filing of a brief properly prepared by counsel.
OPINION PER CURIAM, April 16, 1970:
Petitioner's counsel in the Superior Court filed no brief and has filed an inadequate petition for allowance of appeal with this Court. This is not the "representation in the role of an advocate" which we require. See Ellis v. United States, 356 U.S. 674, 675, 78 S.Ct. 974, 2 L.Ed.2d 1060 (1958); Commonwealth v. Stein, 436 Pa. 330, 260 A.2d 467 (1969). Accordingly, the petition for allocatur is granted, the order of the Superior Court is vacated and the case remanded so that the Superior Court may consider the appeal upon the filing of a brief properly prepared by counsel.