April 26, 1966
COMMONWEALTH EX REL. MACKEY, APPELLANT,
Appeal, No. 814, Oct. T., 1965, from order of Court of Common Pleas No. 8 of Philadelphia County, June T., 1965, No. 787. Habeas corpus.
Samuel Dashiell, for appellant; Joseph M. Smith, Assistant District Attorney, with him Robert M. Borden, Assistant District Attorney, and Arlen Specter, District Attorney, for appellee.
HOFFMAN, J., would remand this case to the court below with directions to hold an evidentiary hearing to determine whether appellant's failure to take a timely appeal resulted from an unconstitutional deprivation of the assistance of counsel.
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