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COMMONWEALTH v. CARUSO

210 Pa.Super. 719 (1967)

Commonwealth v. Caruso, Appellant.

Superior Court of Pennsylvania.

June 16, 1967.

Attorney(s) appearing for the Case

John J. Brazil, with him Farrell, Butler, Kearney & Brazil, for appellant.

Thomas J. Foley, Assistant District Attorney, with him Joseph J. Cimino, District Attorney, for Commonwealth, appellee.

PER CURIAM:

The judgment of sentence is vacated and the record remanded to the lower court for a hearing to determine whether the written waiver of indictment by a grand jury was knowingly and intelligently made by the defendant. Commonwealth v. Phillips, 208 Pa.Super. 121, 220 A.2d 345 (1966), affirmed, 424 Pa. 641, 226 A.2d 863 (1967). Should the lower court find that the waiver of indictment...

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