Commonwealth v. Via

Opinion by

Mr. Justice Nix,

The issue presented by this appeal is the propriety of the Dauphin County Court’s dismissal without a hearing of appellant’s second post-conviction petition filed pursuant to the Post Conviction Hearing Act, Act of January 25, 1966, P. L. (1965) 1580, §1 et seq., 19 P.S. §1180-1 et seq. (Supp. 1972). The Superior Court affirmed the order and we granted allocatur.

Appellant contends that the petition filed below did allege facts which, if proved, would entitle him to relief and therefore he should have been granted an evidentiary hearing to establish these facts. Act…