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COMMONWEALTH v. CLARK (10/03/68)

decided: October 3, 1968.

COMMONWEALTH
v.
CLARK, APPELLANT



Petition for leave to appeal from order of Superior Court, April T., 1967, No. 62, affirming order of Court of Oyer and Terminer of Cambria County, June T., 1958, No. 1, in case of Commonwealth v. John Henry Clark.

COUNSEL

Caram J. Abood, Public Defender, for appellant.

Blair V. Pawlowski and Thomas A. Swope, Jr., Assistant District Attorneys, and Ferdinand F. Bionaz, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

The petition for allocatur is granted. The Order of the Superior Court is reversed. The Order of the Court of Oyer and Terminer of Cambria County is vacated, and the record is remanded to that court with instructions to hold an evidentiary hearing in accordance with Commonwealth v. Sapp, 428 Pa. 377, 238 A.2d 208 (1968), and Commonwealth v. Stokes, 426 Pa. 265, 232 A.2d 193 (1967).

Disposition

Petition granted, order of Superior Court reversed, order of Court of Oyer and Terminer vacated, and record remanded.

19681003

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