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COMMONWEALTH v. HOFFMAN (11/27/68)

SUPREME COURT OF PENNSYLVANIA


decided: November 27, 1968.

COMMONWEALTH
v.
HOFFMAN, APPELLANT

Petition for leave to appeal from order of Superior Court, Oct. T., 1968, No. 587, affirming judgment of Court of Oyer and Terminer of Cumberland County, Dec. T., 1955, No. 2, in case of Commonwealth v. Richard U. T. Hoffman.

COUNSEL

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

John B. Fowler, III, Assistant District Attorney, for Commonwealth, appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Mr. Chief Justice Bell dissents.

Author: Per Curiam

[ 432 Pa. Page 341]

Appellant claims that he was not represented by counsel at trial and that he did not make a knowing and intelligent waiver of counsel. Appellant was told only that he was "entitled to counsel" and was not told that he could have free counsel if indigent. This advice was inadequate. See Commonwealth v. Ritchey, 431 Pa. 269, 245 A.2d 446 (1968); Commonwealth v. Blose, 430 Pa. 209, 241 A.2d 918 (1968).

The petition for allocatur is granted, the order of the Superior Court, affirming the denial of the petition under the Post Conviction Hearing Act, is reversed, the order of the Court of Oyer and Terminer of Cumberland County is vacated and the record is remanded for a new trial.

Disposition

Petition for allocatur granted, order of Superior Court reversed, order of Court of Oyer and Terminer of Cumberland County vacated, and record remanded for new trial.

19681127

© 1998 VersusLaw Inc.



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