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COMMONWEALTH v. MCFALL (10/20/69)

decided: October 20, 1969.

COMMONWEALTH
v.
MCFALL, PETITIONER



Petition for leave to appeal from order of Superior Court, No. 267, April T., 1968, affirming order of Court of Oyer and Terminer of Lawrence County, Dec. T., 1966, No. 8, in case of Commonwealth v. Samuel L. McFall, Sr.

COUNSEL

Donald E. Williams, Public Defender, for petitioner.

Kenneth E. Fox, Jr., District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 436 Pa. Page 330]

Appellant's counsel in the Superior Court filed a brief which was merely a xeroxed copy of a brief wholly prepared by appellant himself. This clearly constitutes a denial of appellant's right to effective assistance of counsel on his appeal. Commonwealth v. Villano, 435 Pa. 273, 256 A.2d 468 (1969). The judgment of the Superior Court is therefore vacated and the case remanded so that the Superior Court may consider the appeal upon the filing of a brief properly prepared by counsel.

Disposition

Order of Superior Court vacated and case remanded.

19691020

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