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COMMONWEALTH v. SMITH (08/09/68)

August 9, 1968

COMMONWEALTH
v.
SMITH, APPELLANT.



Petition for post-conviction hearing. Appeal, No. 424, Oct. T., 1968, from order of Court of Quarter Sessions of Bradford County, Sept. T., 1954, No. 5, opinion by WILLIAMS, P.J.

COUNSEL

Clarence Smith, appellant, in propria persona; C. Wayne Smyth, First Assistant District Attorney, and Maurice L. Epstein, 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

[ 213 Pa. Super. Page 729]

    with instructions to the court below 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 pto tunc and counsel shall be appointed to represent appellant in prosecuting that appeal.

19680809

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