Commonwealth v. Fernandez

Opinion by

Spaeth, J.,

This is an appeal from the denial after hearing of relief under the Post Conviction Hearing Act. Appellant sought relief in the form of a new trial on the ground that there was new evidence that the witnesses against him at his trial had perjured themselves.

Appellant was convicted of burglary and of robbery while armed with an accomplice. The witnesses against him were two co-defendants who had pleaded guilty. At the PCHA hearing appellant testified that both these witnesses had recanted and said they had perjured themselves in return for favored treatment, but when he…