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COMMONWEALTH PENNSYLVANIA v. WILLIAM E. FEREBEE (06/15/79)

SUPERIOR COURT OF PENNSYLVANIA


decided: June 15, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
WILLIAM E. FEREBEE, APPELLANT

No. 2320 October Term, 1976, Appeal from Order of the Court of Common Pleas, Trial Division, Criminal Section, of Philadelphia County, at Nos. 58, September Session, 1970.

COUNSEL

Joseph T. Kelley, Jr., Philadelphia, for appellant.

Robert B. Lawler, Assistant District Attorney, Chief, Appeals Division, Philadelphia, for Commonwealth, appellee.

Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Jacobs, former President Judge, did not participate in the consideration or decision of this case.

Author: Per Curiam

[ 267 Pa. Super. Page 175]

This is an appeal from the order of the court below dismissing appellant's uncounselled Post Conviction Hearing Act*fn* petition without a hearing.

The order is reversed and the case remanded with instructions to the lower court to determine whether appellant is indigent, and if so, to appoint counsel to assist him with his PCHA petition. See Commonwealth v. Blair, 470 Pa. 598, 369 A.2d 1153 (1977); Commonwealth v. Bradley, 470 Pa. 602, 369 A.2d 1155 (1977); Commonwealth v. High, 260 Pa. Super. 120, 393 A.2d 1041 (1978); Commonwealth v. Brochu, 249 Pa. Super. 526, 378 A.2d 420 (1977).


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