Commonwealth v. Schmidt

Opinion by

Mr. Justice Eoberts,

Appellant filed a petition under the Post Conviction Hearing Act, Act of January 25, 1966, P. L. (1965), 1580, 19 P.S. §1180-1 et seq. (Snpp. 1969), alleging, inter alia, that he was without financial resources to obtain counsel and requesting that counsel be appointed. The petition was dismissed without appointment of counsel and without a hearing.

Section 12 of the Post Conviction Hearing Act “imposes a mandatory requirement upon the trial court to appoint counsel for an indigent post-conviction applicant.” Commonwealth v. Mitchell, 427 Pa. 395, 396, 235 A. 2d…