October 30, 1969
Petition for post-conviction relief. Appeal, No. 835, Oct. T., 1969, from order of Court of Common Pleas, Trial Division, of Philadelphia, Nov. T., 1957, No. 1032, opinion by MEADE, J.
John W. Packel and Melvin Dildine, Assistant Defenders, and Vincent J. Ziccardi, Acting Defender, for appellant; James D. Crawford, Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Opinion PER CURIAM: The order of the court below is vacated and the record is remanded for a hearing on the merits of the post-conviction petition. Cf. Commonwealth ex rel. Ackerman v. Russell, 209 Pa. Superior Ct. 467 (1967); Commonwealth v. Blose, 430 Pa. 209, 213 (1968).
WRIGHT, P.J., would affirm the order of the court below.
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