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COMMONWEALTH v. SMITH

419 Pa. 613 (1965)

Commonwealth v. Smith, Appellant.

Supreme Court of Pennsylvania.

December 20, 1965.

Attorney(s) appearing for the Case

Edward J. Smith, appellant, in propria persona.

Richard A. Devlin, Assistant District Attorney, and Richard S. Lowe, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION PER CURIAM, December 20, 1965:

The Petition for allocatur is granted, the judgment of the Superior Court vacated and the record remanded to the Court of Oyer and Terminer of Montgomery County, with directions to hold a hearing to determine whether petitioner was deprived of the assistance of counsel in violation of Douglas v. California, 372 U.S. 353, 83 S.Ct. 814 (1963) on appeal to the Superior Court. Should the hearing...

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