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COMMONWEALTH v. McBURSE

465 Pa. 198 (1975)

348 A.2d 423

COMMONWEALTH of Pennsylvania v. James McBURSE, Appellant.

Supreme Court of Pennsylvania.

Decided November 26, 1975.

Attorney(s) appearing for the Case

Joseph N. Bongiovanni, Jr., Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., A.J. Gafni, Philadelphia, for appellee.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

In this appeal, appellant James McBurse challenges his continued confinement pursuant to section 408 of the Mental Health and Mental Retardation Act,1 which provides for the commitment of those found incompetent to stand trial. We vacate the hearing court's order of commitment and remand for further proceedings.

Appellant was arrested on January 5, 1967, on charges stemming from...

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