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COMMONWEALTH v. JONES (03/21/68)

decided: March 21, 1968.

COMMONWEALTH
v.
JONES, APPELLANT



Appeals from judgments of sentence of Court of Oyer and Terminer, General Jail Delivery, and Quarter Sessions of the Peace of Delaware County, Dec. T., 1963, Nos. 549 to 553, inclusive, 557, 559, and 560, in case of Commonwealth of Pennsylvania v. Levi Jones.

COUNSEL

John J. Cannon, for appellant.

Vram Nedurian, Jr., Assistant District Attorney, with him Ralph B. D'Iorio, Assistant District Attorney, William R. Toal, First Assistant District Attorney, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ.

Author: Per Curiam

[ 212 Pa. Super. Page 174]

In the instant case, our Court granted leave to file this appeal nunc pro tunc. It appears, however, that post-trial motions have not been filed in accordance with the requirements set forth in Commonwealth v. Grillo, 208 Pa. Superior Ct. 444, 222 A.2d 427 (1966). Accordingly, this case is remanded to the lower court to allow appellant to file post-trial motions nunc pro tunc. Should the said post-trial motions be dismissed, appellant shall have the right to appeal nunc pro tunc.

Disposition

Case remanded.

19680321

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