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COMMONWEALTH v. GAITO (05/13/66)

May 13, 1966

COMMONWEALTH
v.
GAITO, APPELLANT



Appeal, No. 287, April T., 1965, from judgment of sentence of Court of Oyer and Terminer and Quarter Sessions of Allegheny County, April T., 1959, Nos. 15, 46, and 47. Indictments charging defendant with burglary, assault with intent to kill, and violation of Fire Arms Act.

COUNSEL

Joseph Gaito, appellant, in propria persona; Edwin J. Martin, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Judgment of sentence affirmed.

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.

19660513

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