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COMMONWEALTH v. ODENWALT (08/06/70)

THE SUPERIOR COURT OF PENNSYLVANIA


August 6, 1970

COMMONWEALTH
v.
ODENWALT, APPELLANT.

Appeal, No. 1079, Oct. T., 1969, from judgment of sentence of Court of Common Pleas of Lancaster County, March T., 1969, No. 179.

COUNSEL

John A. O'Brien, for appellant; James F. Heinly, Assistant District Attorney, for Commonwealth, appellee.

Before Brown, J.

Opinion PER CURIAM: The record is remanded to the court below with directions to hold a full evidentiary hearing on the circumstances of appellant's failure to file post-trial motions. If the lower court shall fined that appellant did knowingly and intelligently waive his right to file post-trial motions, it shall enter an order to that effect. If the court should find that he did not understandingly and intelligently waive his right to file post-trial motions, it shall permit appellant to file such motions nune pro tunc. If such motions are denied, it shall permit appellant to file an appeal nunc pro tunc from the judgment of sentence. Commonwealth v. Grillo, 208 Pa. Superior Ct. 444, 222 A.2d 427 (1966).

19700806

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