April 15, 1968
Indictments charging rape and corrupting the morals of a minor. Appeal, No. 26, Oct. T., 1968, by defendant, nunc pro tunc, from judgment of sentence of Court of Quarter Sessions of Philadelphia County, Oct. T., 1962, Nos. 360 and 362, opinion by MCCLANAGHAN, J.
John Meekins, appellant, in propria persona; Michael J. Rotko, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Spcter, District Attorney, for Commonwealth, appellee.
Per Curiam: Under Douglas v. California, 372 U.S. 353
(1963), and Commonwealth v. Sliva, 415 Pa. 537, 204 A.2d 455 (1964), an indigent is entitled to the assistance of counsel on appeal. We are unable to determine whether appellant is still indigent (he was represented
[ 212 Pa. Super. Page 713]
by court-appointed counsel at trial) or whether his pro se appeal represents an intelligent and knowing waiver of the assistance of appellate counsel.
The record is remanded to the court below with instructions to determine whether appellant remains indigent or his waived the assistance of appellate counsel. If the court below finds that appellant is indigent and has not waived his right to counsel, it shall appoint appellate counsel. If the court finds that appellant is not indigent or has waived assistance of counsel on appeal, it shall then permit appellant to prosecute his pro se appeal.
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