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COMMONWEALTH EX REL. LAY v. MYERS. (09/30/64)

THE SUPERIOR COURT OF PENNSYLVANIA


September 30, 1964

COMMONWEALTH EX REL. LAY, APPELLANT,
v.
MYERS.

Appeal, No. 447, Oct. T., 1964, from order of Court of Common Pleas of Lancaster County, April T., 1964, No. 5. Habeas corpus.

COUNSEL

Lloyd Lester Lay, appellant, in propria persona; Theodore A. Parker, Assistant District Attorney, and Wilson Bucher, District Attorney, for appellee.

Opinion PER CURIAM:

The cause is remanded to the Court of Common Pleas of Lancaster County for further consideration and appropriate proceedings in the light of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, in order that Lloyd Lester Lay may have an opportunity to establish by evidence the material averments of his petition and the Commonwealth may have an opportunity to affirm or deny or rebut this evidence.

[ 204 Pa. Super. Page 727]

After hearing the evidence, the Court of Common Pleas of Lancaster County shall make its findings and enter an appropriate order of judgment consistent with the evidence and the law, and the opinion of the Supreme Court in Gideon v. Wainwright, supra, and in accord with right and justice, the Constitution of the United States, and the Constitution and the laws of the Commonwealth of Pennsylvania. The reasons for this action are to be found in our recent opinion in Commonwealth ex rel. Goodfellow v. Rundle, 203 Pa. Superior Ct. 419, 201 A.2d 615 (1964).

Order reversed and cause remanded with a procedendo.

19640930

© 1998 VersusLaw Inc.



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