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COMMONWEALTH v. AUSBY (01/13/72)

January 13, 1972

COMMONWEALTH
v.
AUSBY, APPELLANT.



Petition for post-conviction relief. Appeal, No. 428, April T., 1971, from order of Court of Common Pleas, Criminal Division, of Allegheny County, June T., 1966, No. 169, opinion by MCLEAN, JR., J.

COUNSEL

J. Graham Sale, Jr. and John J. Dean, Assistant Public Defenders, and George H. Ross, Public Defender, for appellant; Carol Mary Los and Robert L. Campbell, Assistant District Attorneys, and Robert W. Duggan, District Attorney, for Commonwealth, appellee. Page 757

Opinion PER CURIAM: The order of the court below is vacated and the record remanded for a hearing on the issues raised by the original or an amended post-conviction petition.

WRIGHT, P.J., dissents.

19720113

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