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COMMONWEALTH v. HOFFMAN (08/22/68)

decided: August 22, 1968.

COMMONWEALTH
v.
HOFFMAN, PETITIONER



Petition for leave to appeal from order of Superior Court, March T., 1968, No. 68, affirming order of Court of Oyer and Terminer of Dauphin County, June T., 1955, Nos. 58-63, inclusive, 65-67, inclusive, and 73-76, inclusive, in case of Commonwealth of Pennsylvania v. Richard U. T. Hoffman.

COUNSEL

Richard U. T. Hoffman, appellant, in propria persona.

Jerome T. Foerster, Assistant District Attorney, and LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ.

Author: Per Curiam

[ 431 Pa. Page 161]

The petition for allowance of appeal is granted. The order of the Superior Court is vacated, and the record is remanded to the Court of Oyer and Terminer of Dauphin County for appointment of counsel on appeal to the Superior Court in accordance with the dissenting opinion of Judge Spaulding in Commonwealth v. Hoffman, 212 Pa. Superior Ct. 206, 240 A.2d 384 (1968) (Hoffman, J. and Hannum, J., joined in this opinion). See also Commonwealth v. Walters, 431 Pa. 74, 79, n.4, 244 A.2d 757, 761, n.4 (1968); Pa. R. Crim. P. 1503.

Disposition

Petition granted, order of Superior Court vacated and record remanded to Court of Oyer and Terminer of Dauphin County.

19680822

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