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COMMONWEALTH v. PHILLIPS (02/13/68)

THE SUPERIOR COURT OF PENNSYLVANIA


February 13, 1968

COMMONWEALTH
v.
PHILLIPS, APPELLANT.

Petition for post-conviction hearing. Appeal, No. 627, Oct. T., 1967, from order of Court of Oyer and Terminer of Clearfield County, Sept. T., 1965, No. 28, opinion by CHERRY, P.J.

COUNSEL

Harry Phillips, appellant, in propria persona; Ervin S. Fennell, Jr., Assistant District Attorney, and John K. Reilly, Jr., District Attorney, for Commonwealth, appellee.

Per Curiam: In accordance with Douglas v. California, 372 U.S. 353 (1963), and Commonwealth exrel. Cunningham v. Maroney, 421 Pa. 157, 218 A.2d 811 (1966), the record is remanded to the court below with instructions to appoint counsel and to hold an evidentiary hearing 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

© 1998 VersusLaw Inc.



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