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COMMONWEALTH v. JOHNSON (05/21/70)

THE SUPERIOR COURT OF PENNSYLVANIA


May 21, 1970

COMMONWEALTH
v.
JOHNSON, APPELLANT.

Appeal, No. 745, Oct. T., 1969, from order of Court of Common Pleas, Trial Division, of Philadelphia, March T., 1969, Nos. 1478, 1479, and 1481.

COUNSEL

Curtis P. Cheyney, III, for appellant; Arnold Gordon, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before Sloane, J.

Opinion PER CURIAM: The order is reversed and the case remanded to the hearing court for the filing of a proper order in conformity with the Act of January 25, 1966, P.L. 1580 (1965) § 10, 19 P.S. § 1180-10 (Supp. 1969), which requires that "[the] order finally disposing of the petition shall state grounds on which the case was determined and whether a federal or a state right was presented and decided." See Commonwealth v. Naylor, 437 Pa. 193, 262 A.2d 146 (1970); Commonwealth v. D'Angelo, 438 Pa. 539, 264 A.2d 405 (1970).

WRIGHT, P.J., dissents.

19700521

© 1998 VersusLaw Inc.



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