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COMMONWEALTH PENNSYLVANIA v. EDWIN EWELL (07/08/77)

decided: July 8, 1977.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
EDWIN EWELL, APPELLANT



Appeal No. 73 March Term 1976, from the Judgment of Sentence in the Court of Common Pleas of Allegheny County, Criminal Division, at No. CC7505687A; Joseph H. Ridge.

COUNSEL

Edwin Ewell, in pro. per.

Lester G. Nauhaus, John H. Corbett, Jr., Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Charles W. Johns, Asst. Dist. Attys., Pittsburgh, for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Per Curiam

[ 473 Pa. Page 380]

OPINION

In this appeal from the judgment of sentence imposed following appellant's conviction of murder in the third degree, it is maintained appellant's trial counsel was ineffective and he was thus denied a fair trial.

Since we are unable to ascertain from the trial record the accuracy of the factual allegations upon which the ineffective counsel complaint is based, we will remand the record to the trial court with directions to conduct an evidentiary hearing and to determine the merit of this assignment

[ 473 Pa. Page 381]

    of error. Cf. Commonwealth v. Dancer, 460 Pa. 95, 331 A.2d 435 (1975).

After the foregoing determination is made, the trial court is directed to file a written ...


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