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COMMONWEALTH v. SMITH (01/04/73)

January 4, 1973

COMMONWEALTH
v.
SMITH, APPELLANT.



Petition for post-conviction relief.

COUNSEL

Sallie Ann Radick and John J. Dean, Assistant Public Defenders, and George H. Ross, Public Defender, for appellant; Robert L. Eberhardt, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Before McKENNA, Jr., J.

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, including the issue of ineffective representation by counsel.

WRIGHT, P.J., dissents.

19730104

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