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COMMONWEALTH PENNSYLVANIA v. MARIE SCOTT (05/13/75)

decided: May 13, 1975.

COMMONWEALTH OF PENNSYLVANIA
v.
MARIE SCOTT, APPELLANT



Appeal No. 600 January Term, 1974, from the Judgment of Sentence of the Court of Common Pleas, Philadelphia County, Trial Division, Criminal Section, Imposed on Indictment Nos. 1108-1110, April Term, 1973; Stanley L. Kubacki, Judge.

COUNSEL

Edward K. Nichols, Jr., Philadelphia, for appellant.

F. Emmett Fitzpatrick, Jr., Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., James J. Wilson, Philadelphia, for appellee.

Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Jones, C. J., took no part in the consideration or decision of this case.

Author: Per Curiam

[ 461 Pa. Page 436]

ORDER

And now to wit this 13th day of May 1975, it is hereby ordered and decreed that the above-captioned matter is remanded to the lower court for an evidentiary hearing to determine whether appellant knowingly and intelligently waived her right to file and argue post-trial motions.

If the court determines that there has been no waiver then the judgment of sentence shall be vacated and post-trial motions allowed. The right of either party to appeal adverse rulings as to all issues properly raised in

[ 461 Pa. Page 437]

    the instant appeal, including the finding regarding waiver of post-trial motions, is preserved.

19750513

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