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COMMONWEALTH v. GRAY

213 Pa.Super. 777 (1968)

Commonwealth v. Gray, Appellant.

Superior Court of Pennsylvania.

December 6, 1968.

Attorney(s) appearing for the Case

Jack L. Bergstein and Albert C. Gaudio, for appellant.

Albert M. Nichols, Assistant District Attorney, and Joseph M. Loughran, District Attorney, for Commonwealth, appellee.

OPINION PER CURIAM:

It appearing that petitioner's plea of nolo contendere, without counsel, was introduced at his trial (White v. Maryland, 373 U.S. 59 (1963)), the order is vacated and the record remanded for a hearing to determine if appellant waived counsel at his preliminary hearing. If the court finds an intelligent waiver, appellant is not entitled to relief. In the event the court finds no intelligent waiver of counsel...

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