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COMMONWEALTH v. BEARD (02/13/68)

February 13, 1968

COMMONWEALTH
v.
BEARD, APPELLANT.



Petition for post-conviction hearing. Appeal, No. 958, Oct. T., 1967, from order of Court of Quarter Sessions of Delaware County, June T., 1964, No. 447, opinion by CATANIA, J.

COUNSEL

Malachi Beard, Jr., appellant, in propria persona; Vram Nedurian, Jr. and Ralph B. D'Iorio, Assistant District Attorneys, John R. Graham, First Assistant District Attorney, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee. 757

Per Curiam: In accordance with Douglas v. California, 372 U.S. 353 (1963), and Commonwealth ex rel. Cunningham v. Maroney, 421 Pa. 157, 218 A.2d 811 (1966), the record is remanded to the court below with instructions to hold an evidentiary hearing, with counsel, in order to determine whether appellant knowingly and intelligently waived his right to counsel on appeal. If the court finds that the right to counsel on appeal was not waived, appellant shall be permitted to appeal nunc pro tunc and counsel shall be appointed to represent appellant in prosecuting that appeal.

19680213

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