Commonwealth v. Richbourg

Opinion by

Mr. Justice Jones,

This is an appeal from an order dismissing, after hearing, a petition filed under the Post Conviction Hearing Act, Act of January 25, 1966, P. L. (1965) 1580, §1 et seq., 19 P.S. §1180-1 et seq. (Supp. 1970). The Superior Court affirmed, per curiam, with a dissenting opinion by Judge Hoffman. Com. v. Richbourg, 217 Pa. Superior Ct. 96, 266 A. 2d 584 (1970). We granted allocatur.

In 1961 petitioner was indicted for rape and brought to trial before a judge and jury. The lower court, after hearing closing arguments, postponed its charge until the next morning. During…