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COMMONWEALTH v. GRAY (02/07/78)

February 7, 1978

COMMONWEALTH
v.
GRAY, APPELLANT.



COUNSEL

John Myers, Assistant Defender, and Benjamin Lerner, Defender, for appellant; Legrome D. Davis, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Per Curiam: Judgment of sentence vacated. The case is remanded for the entry of post-trial motions nunc pro tunc. JACOBS and PRICE, JJ., dissent. VAN der VOORT, J., dissents and would remand to the lower court for a determination of whether appellant knowingly and intelligently waived his right to file post-trial motions. Commonwealth v. Tate, 464 Pa. 25, 346 A.2d 1 (1975); Commonwealth v. Schroth, 458 Pa. 233, 328 A.2d 168 (1974).

19780207

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