Commonwealth v. Beecham

Dissenting Opinion by

Hoppman, J.:

In 1961, appellant was convicted of robbery. He filed post-trial motions but never appealed. In 1967, he petitioned for Post Conviction Hearing Act relief, alleging that he had been denied his right of appeal. Appellant was granted leave to file an appeal to this Court nunc pro tunc.

On this appeal nunc pro tunc, he alleges that one or more witnesses were allowed to testify at trial and identify appellant as a principal in a robbery, in violation of Stovall v. Denno, 388 U.S. 293, 87 S. Ct. 1967 (1967). This claim has not been heard or ruled upon below.…