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Commonwealth v. Trowery, Petitioner.

Criminal Law — Appeals — Counsel for petitioner for allocatur — Mere furnishing by counsel of a backer and a typist — Required representation in role of advocate.

Where counsel merely furnishes a backer and a typist for preparation by the petitioner of a petition for allocatur, this is not the required representation in the role of an advocate.

OPINION PER CURIAM, November 4, 1969:

Petitioner was convicted of robbery and he appealed to the Superior Court, which affirmed. A petition for allocatur followed. The petition was prepared by petitioner; counsel has merely furnished a backer and a typist. This is clearly not the "representation in the role of an advocate" which we require. Commonwealth v. Stancell, 435 Pa. 301, 256 A.2d 798 (1969).

The record is remanded to the hearing court so that counsel can file a proper petition for allocatur.

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COMMONWEALTH v. TROWERY
(Nov 4, 1969)