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COMMONWEALTH v. HENDERSON (12/04/69)

THE SUPERIOR COURT OF PENNSYLVANIA


December 4, 1969

COMMONWEALTH
v.
HENDERSON, APPELLANT.

Petition for post-conviction relief. Appeal, No. 385, April T., 1969, from order of Court of Common Pleas of Washington County, Nov. T., 1965, No. 15, opinion by MCCUNE, J.

COUNSEL

Joscph P. Moschetta, Public Defender, for appellant; John F. Bell, Assistant District Attorney, and Jess D. Costa, District Attorney, for Commonwealth, appellee.

Opinion PER CURIAM: In accordance with the opinion of the Supreme Court in Commonwealth v. Hoffman,

[ 216 Pa. Super. Page 753426]

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 for an evidentiary hearing and/or other relief may be determined. See Rule 1503, Rules of Criminal Procedure.

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

19691204

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