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COMMONWEALTH v. MCFADDEN (05/16/74)

May 16, 1974

COMMONWEALTH
v.
MCFADDEN, APPELLANT.



Appeals, Nos. 1443 and 1444, Oct. T., 1972, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Jan. T., 1972, Nos. 1171 and 1172.

COUNSEL

Mary Alice Duffy, with her Duffy and Duffy, for appellant; Albert L. Becker, Assistant District Attorney, with him David Richman, Assistant District Attorney, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Before Stout, J., without a jury.

Opinion PER CURIAM: The record is remanded to the court below for an evidentiary hearing to determine whether appellant intelligently waived the right to file post-trial motions.

19740516

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