Commonwealth v. Rush

Opinion by

Hoffman, J.,

Petitioner filed a petition under the Post Conviction Hearing Act in November, 1967, alleging ineffective assistance of counsel and that counsel had a conflict of interest because he represented a co-defendant. Petitioner also alleged that he was denied the assistance of counsel to perfect an appeal in accordance with Douglas v. California, 372 U.S. 353 (1963).

The lower court denied the petition without holding a hearing.

Our Supreme Court has often stated that: “The allegations of the petition, if true, entitle petitioner to relief, and since his allegations are not…