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COMMONWEALTH v. FOUST (06/05/69)

June 5, 1969

COMMONWEALTH
v.
FOUST, APPELLANT.



Proceedings for determination of delinquency.

COUNSEL

W. Parker Ruddock, for appellant; W. Thomas Malcolm, District Attorney, for Commonwealth, appellee

Before Clark, P.j.

Opinion PER CURIAM: Appellant's Post Conviction Hearing Act petition alleges specific, non-frivolous facts uncontroverted by the record which, if accepted as true, entitled him to relief. In Re Gault, 387 U.S. 1 (1967). Accordingly, the order of the court below dismissing the petition without a hearing is vacated and the record is remanded with directions to hold an evidentiary hearing to determine whether appellant was denied the assistance of counsel at the time he was adjudicated delinquent. Commonwealth v. Wood, 425 Pa. 612, 230 A.2d 729 (1967).

19690605

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