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COMMONWEALTH v. DAVIS (09/15/67)

THE SUPERIOR COURT OF PENNSYLVANIA


September 15, 1967

COMMONWEALTH
v.
DAVIS, APPELLANT.

Indictment charging defendant with robbery, burglary and receiving stolen goods.

COUNSEL

Irving L. Epstein and David M. Epstein, for appellant; Joseph J. Cimino, District Attorney, for Commonwealth, appellee.

Before Hoban, P. J.

Opinion PER CURIAM:

The judgment of sentence is vacated and the record remanded to the lower court for a hearing to determine whether the written waiver of indictment by a grand jury was knowingly and intelligently made by the defendant. Commonwealth v. Phillips, 208 Pa. Superior

[ 210 Pa. Super. Page 765]

Ct. 121, 220 A.2d 345, affirmed, 424 Pa. 641, 226 A.2d 863(1967). Should the lower court find that the waiver of indictment was knowingly and intelligently made, it shall enter an order to that effect and the judgment of sentence will be reinstated. Should the lower court find that the waiver was not knowingly and intelligently made, it may proceed in a manner consistent with our opinion in Commonwealth v. Howard, 210 Pa. Superior Ct. 284, 231 A.2d 860 (1967).

Record remanded for further proceedings consistent with this opinion.

19670915

© 1998 VersusLaw Inc.



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