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COMMONWEALTH PENNSYLVANIA v. KENNETH E. CUMBERLEDGE (10/18/76)

October 18, 1976

COMMONWEALTH OF PENNSYLVANIA
v.
KENNETH E. CUMBERLEDGE, APPELLANT.



COUNSEL

William R. Nalitz, court-appointed, Richard Peter Krill, Waynesburg, for appellant.

W. Bertram Waychoff, Dist. Atty., Waynesburg, for appellee.

Before Watkins, President Judge, Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ.

Per Curiam:

Case remanded to the lower court to allow appellant to file a petition to withdraw his guilty plea nunc pro tunc. Commonwealth v. Roberts, 237 Pa. Super. 336, 352 A.2d 140 (1975).

VAN der VOORT, J., concurs in the result.

WATKINS, President Judge and JACOBS, J., note their dissents.

19761018

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