Commonwealth v. Haynes

Opinion by

Hoffman, J.,

On April 5, 1974, appellant’s petition for relief under the Post Conviction Hearing Act.1 was denied by the court below without a hearing. Appellant contends that the court’s action was an express violation of §1180-7 of the Act.2

The appellant, Lundy T. Haynes, an indigent, was arrested on August 31,1972, and charged with aggravated *559robbery based on an incident which occurred in Philadelphia on August 16, 1972. His motion to suppress an eyewitness identification was heard and denied on December 27, 1972. Thereafter, in January, 1973, appellant was tried and found guilty…