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COMMONWEALTH v. CLARK

431 Pa. 649 (1968)

Commonwealth v. Clark, Appellant.

Supreme Court of Pennsylvania.

October 3, 1968.

Attorney(s) appearing for the Case

Caram J. Abood, Public Defender, for appellant.

Blair V. Pawlowski and Thomas A. Swope, Jr., Assistant District Attorneys, and Ferdinand F. Bionaz, District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, October 3, 1968:

The petition for allocatur is granted. The Order of the Superior Court is reversed. The Order of the Court of Oyer and Terminer of Cambria County is vacated, and the record is remanded to that court with instructions to hold an evidentiary hearing in accordance with Commonwealth v. Sapp, 428 Pa. 377, 238 A.2d 208 (1968), and Commonwealth v. Stokes, 426 Pa. 265

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