decided: December 20, 1965.
Petition for leave to appeal from judgment of sentence of Superior Court, Oct. T., 1965, No. 305, affirming judgment of Court of Oyer and Terminer of Montgomery County, Sept. T., 1963, No. 111, in case of Commonwealth of Pennsylvania v. Edward J. Smith. Petition for allocatur granted, judgment of Superior Court vacated, and record remanded to Court of Oyer and Terminer of Montgomery County, with directions.
Edward J. Smith, appellant, in propria persona.
Richard A. Devlin, Assistant District Attorney, and Richard S. Lowe, District Attorney, for Commonwealth, appellee.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ.
Author: Per Curiam
[ 419 Pa. Page 614]
The Petition for allocatur is granted, the judgment of the Superior Court vacated and the record remanded to the Court of Oyer and Terminer of Montgomery County, with directions to hold a hearing to determine whether petitioner was deprived of the assistance of counsel in violation of Douglas v. California, 372 U.S. 353, 83 S. Ct. 814 (1963) on appeal to the Superior Court. Should the hearing court determine that petitioner intelligently and knowingly waived counsel, the judgment of the Superior Court will be reinstated. Should the court determine that petitioner did not intelligently and knowingly waive counsel, it shall appoint counsel to represent petitioner on direct appeal to the Superior Court from the judgment of sentence. The parties shall have their usual right of appeal from the court's determination.
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