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COMMONWEALTH EX REL. NAUGLE v. MYERS (11/15/66)

decided: November 15, 1966.

COMMONWEALTH EX REL. NAUGLE, APPELLANT,
v.
MYERS



Petition for leave to appeal from order of Superior Court, Oct. T., 1966, No. 418, affirming order of Court of Common Pleas of Adams County, Feb. T., 1966, No. 179, in case of Commonwealth ex rel. Harry A. Naugle v. David N. Myers, Superintendent.

COUNSEL

Harry A. Naugle, appellant, in propria persona.

Gerald R. Walmer, District Attorney, for appellee.

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

Author: Per Curiam

[ 423 Pa. Page 202]

The petition for allocatur is granted. The order of the Court of Common Pleas of Adams County and the order of the Superior Court affirming the order of the Court of Common Pleas of Adams County are both vacated, and the cause remanded for a hearing. After hearing, if it should be determined that petitioner was denied the right of effective assistance of counsel, the petition for writ of habeas corpus should be granted. In the absence of such a determination, the petition should be denied.

Disposition

Petition for allocatur granted, orders of Court of Common Pleas of Adams County and of Superior Court vacated and cause remanded for hearing.

19661115

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