Commonwealth v. Williams

Opinion by

Hoffman, J.,

This is an appeal from the dismissal, without hearing, of a petition for post-conviction relief.

In 1966, petitioner was charged with the unlawful use, possession and sale of narcotic drugs. Included in the indictment was an averment of petitioner’s prior narcotics conviction. At trial, petitioner entered a plea of guilty, and was sentenced, as a second offender, to a term of not less than three nor more than ten years imprisonment. On appeal petitioner contests the legality of that sentence.

“Whether or not the convict is a recidivist subject to an increased statutory…