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COMMONWEALTH EX REL. RUTH v. MYERS (06/24/66)
decided: June 24, 1966.
COMMONWEALTH EX REL. RUTH, APPELLANT,
v.
MYERS
Appeal from order of Court of Common Pleas No. 8 of Philadelphia County, Sept. T., 1965, No. 2019, in case of Commonwealth ex rel. Eddie Ruth v. David N. Myers, Superintendent.
Eddie Ruth, appellant, in propria persona.
Donald C. Marino and Joseph M. Smith, Assistant District Attorneys, and Arlen Specter, District Attorney, for appellee.
Bell, C. J., Musmanno, Jones, Eagen, O'Brien and Roberts, JJ. Mr. Justice Cohen took no part in the consideration or decision of this case.
In light of the decisions of this Court in Commonwealth ex rel. Cunningham v. Maroney, 421 Pa. 157, 218 A.2d 811 (1966); Commonwealth ex rel. Branam v. Myers, 420 Pa. 77, 216 A.2d 89 (1966); Commonwealth ex rel. Robinson v. Myers, 420 Pa. 72, 215 A.2d
(1966); Commonwealth ex rel. Stevens v. Myers, 419 Pa. 1, 213 A.2d 613 (1965), the order of the court below is vacated and the record remanded for consideration of the contention contained in appellant's petition that he was denied his constitutional right to the assistance of counsel on appeal. Cf. Douglas v. California, 372 U.S. 353, 83 S. Ct. 814 (1963).