Commonwealth v. McAndrews

TAMILIA, Judge:

This appeal is from the dismissal of the defendant’s petition for relief under the Post Conviction Hearing Act, 42 Pa.C.S.A. § 9541, et seq. The sole issue presented is whether the petition for relief under the Post Conviction Hearing Act may be denied summarily because of delay in presenting that petition.

On November 1, 1977, the defendant was arrested and charged with the murder of his twenty-three year old girlfriend. While admitting to shooting the girl, he claimed the shooting was accidental and that he thought the gun was unloaded. It was established at trial that the…