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COMMONWEALTH v. GRAVES (08/09/68)

THE SUPERIOR COURT OF PENNSYLVANIA


August 9, 1968

COMMONWEALTH
v.
GRAVES, APPELLANT.

Petition for post-conviction hearing. Appeal, No. 413, Oct. T., 1968, from order of Court of Quarter Sessions of Philadelphia County, April T., 1959, Nos. 19 and 20, opinion by GUERIN, P.J.

COUNSEL

Reuben Graves, appellant, in propria persona; James D. Crawford, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Opinion 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 order is vacated and the record remanded to the court below with instructions to hold an evidentiary hearing 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.

19680809

© 1998 VersusLaw Inc.



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