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.
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 Oyer and Terminer of Dauphin 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.