Commonwealth v. Sapp

Opinion by

Mr. Justice Roberts,

Steve Sapp was sentenced after a plea of guilty to a minimum of five and a maximum of ten years on one count of burglary and one count of larceny. After serving approximately three and one-half years of this sentence, Sapp filed in April of 1967 a petition under the Post Conviction Hearing Act. This petition was denied without a hearing by the Court of Quarter Sessions of Westmoreland County and this denial affirmed without opinion by the Superior Court. A petition for allocatur was filed and is hereby granted.

Sapp alleged, an allegation uncontradicted of record,…