Commonwealth v. James

Opinion by

Mr. Justice Roberts,

Robert James was found guilty in a nonjury trial of felonious possession of drugs and, in January of 1962, received a 5 to 10 year sentence. On direct appeal, this conviction was affirmed. Commonwealth v. James, 202 Pa. Superior Ct. 464, 198 A. 2d 350 (1964). James then filed a Post Conviction Hearing Act application containing two allegations: (1) trial counsel’s representation of Miss Hazel Súber created a conflict of interest and (2) his sentence as a recidivist under the Act of September 26, 1961, P. L. 1664, §20, as amended, 35 P.S. §780-20(c) was improperly…