Order entered October 21, 1964 modified on the law, the facts and in the exercise of discretion to the extent of deleting therefrom the vacatur of the judgment and sentence of March 3, 1938 and the direction for imposition of sentence nunc pro tunc. The order of this court entered November 14, 1938 dismissing the appeal from the judgment of conviction for lack of prosecution is vacated in the interests of justice and the appeal reinstated.
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