Barto v. Felix

PRICE, Judge:

This case is on appeal from the lower court’s order sustaining appellee’s preliminary objections in the nature of a demurrer to appellants’ complaint. For purposes of appellate review, we must regard the allegations in appellants’ complaint as true and accord them all the inferences reasonably deducible therefrom. Allstate Insurance Co. v. Fioravanti, 451 Pa. 108, 299 A.2d 585 (1973).

On March 1, 1974, Kim Lee Hubbard was found guilty by a jury of the murder of a twelve year old girl.1 His privately retained counsel thereafter filed post-trial motions but withdrew from the case…