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COMMONWEALTH EX REL. WINCHELL v. CAVELL (08/12/65)

decided: August 12, 1965.

COMMONWEALTH EX REL. WINCHELL, APPELLANT,
v.
CAVELL



Appeal from order of Superior Court, April T., 1965, No. 2, affirming order of Court of Common Pleas of Indiana County, Dec. T., 1963, No. 276, in case of Commonwealth ex rel. Richard C. Winchell v. A. C. Cavell, Superintendent.

COUNSEL

Richard C. Winchell, appellant, in propria persona.

W. Thomas Malcolm, District Attorney, for appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ.

Author: Per Curiam

[ 418 Pa. Page 604]

Order of the Superior Court affirmed with direction, however, that judgment of sentence be vacated and record remanded. The record is remanded to the Court of Oyer and Terminer of Indiana County solely for the purpose of resentencing Richard C. Winchell and, at the time of such resentence, counsel for the said Richard C. Winchell should be present.

Disposition

Order of Superior Court affirmed with direction, however, that judgment of sentence be vacated and record remanded.

19650812

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