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COMMONWEALTH v. STONE (04/16/70)

decided: April 16, 1970.

COMMONWEALTH
v.
STONE, PETITIONER



Petition for leave to appeal from order of Superior Court, No. 282, April T., 1968, affirming order of Court of Oyer and Terminer of Allegheny County, June T., 1955, Nos. 104 and 110, in case of Commonwealth v. Kenneth Stone.

COUNSEL

John J. Dean, Assistant Public Defender, and George H. Ross, Public Defender, for appellant.

Carol Mary Los, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 437 Pa. Page 497]

Petitioner's counsel in the Superior Court filed no brief and has filed an inadequate petition for allowance of appeal with this Court. This is not the "representation in the role of an advocate" which we require. See Ellis v. United States, 356 U.S. 674, 675, 78

[ 437 Pa. Page 498]

S. Ct. 974, 2 L. Ed. 2d 1060 (1958); Commonwealth v. Stein, 436 Pa. 330, 260 A.2d 467 (1969). Accordingly, the petition for allocatur is granted, the order of the Superior Court is 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

Petition granted, order of Superior Court vacated, and case remanded.

19700416

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