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COMMONWEALTH v. PARKER (10/30/69)

October 30, 1969

COMMONWEALTH
v.
PARKER, APPELLANT.



Petition for post conviction relief. Appeal, No. 15, Oct. T., 1969, from order of Court of Quarter Sessions of Montgomery County, June T., 1965, No. 281, opinion by HONEYMAN, J.

COUNSEL

Harry L. Green, Jr., Assistant Public Defender, for appellant; Richard A. Devlin and Stewart J. Greenleaf, Assistant District Attorneys, Parker H. Wilson, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

Opinion PER CURIAM: In accordance with the opinion of the Supreme Court in Commonwealth v. Hoffman, 426 Pa. 226, 232 A.2d 623 (1967), the order is vacated and the record remanded to the court below with instructions to appoint counsel to represent appellant in a post-conviction proceeding at which his eligibility, on the present or an amended petition, for an evidentiary hearing and/or other relief may be determined.

WRIGHT, P.J., would affirm the order below.

19691030

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