
    Commonwealth v. Jackson, Appellant.
    Submitted March 8, 1971.
    Before Weight, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ.
    
      James R. Clippinger, Assistant Public Defender, for appellant.
    
      Jerome T. Foerster, Assistant District Attorney, and LeRoy 8. ZimmermaM, District Attorney, for Commonwealth, appellee.
    June 30, 1971:
   Opinion

Pee Cueiam,

Order affirmed.

Dissenting Opinion by

Spaulding, J.:

I respectfully dissent.

While in prison, appellant filed a petition pursuant to the Post Conviction Hearing Act, Act of January 25, 1966, P. L. (1965) 1580, 19 P.S. 1180-1 et seq. (Supp. 1970). His petition alleged, inter alia, that his guilty plea was unlawfully induced On November 12, 1970, the Court of Quarter Sessions of Dauphin County dismissed the petition without a hearing.

I believe appellant’s petition alleged sufficient facts concerning the circumstances of his plea to warrant a hearing. Post Conviction Hearing Act, supra, §9; Commonwealth v. Johnson, 431 Pa. 522, 246 A. 2d 345 (1968).

Hoeeman, J., joins in this dissenting opinion.  