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COMMONWEALTH v. GRAY (12/06/68)

THE SUPERIOR COURT OF PENNSYLVANIA


December 6, 1968

COMMONWEALTH
v.
GRAY, APPELLANT.

Petition for post-conviction relief. Appeal, No. 72, April T., 1968, from order of Court of Quarter Sessions of Westmoreland County, April T., 1961, No. 196, opinion by WEISS, P.J.

COUNSEL

Jack L. Bergstein and Albert C. Gaudio, for appellant; Albert M. Nichols, Assistant District Attorney, Page 778and Joseph M. Loughran, District Attorney, for Commonwealth, appellee.

Opinion PER CURIAM: It appearing that petitioner's plea of nolo contendere, without counsel, was introduced at his trial (White v. Maryland, 373 U.S. 59 (1963)), the order is vacated and the record remanded for a hearing to determine if appellant waived counsel at his preliminary hearing. If the court finds an intelligent waiver, appellant is not entitled to relief. In the event the court finds no intelligent waiver of counsel at the preliminary hearing, appellant is entitled to a new trial. Commonwealth et rel. Firmstone v. Myers, 431 Pa. 628, 246 A.2d 371 (1968).

19681206

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