Opinion
Submitted April 19, 1966.
June 24, 1966.
Before BELL, C. J., MUSMANNO, JONES, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 262, Jan. T., 1966, from order of Court of Common Pleas No. 8 of Philadelphia County, Sept. T., 1965, No. 2019, in case of Commonwealth ex rel. Eddie Ruth v. David N. Myers, Superintendent. Order vacated.
Habeas corpus.
Petition dismissed, order by SPAETH, JR., J. Relator appealed.
Eddie Ruth, appellant, in propria persona.
Donald C. Marino and Joseph M. Smith, Assistant District Attorneys, and Arlen Specter, District Attorney, for appellee.
In light of the decisions of this Court in Commonwealth ex rel. Cunningham v. Maroney, 421 Pa. 157, 218 A.2d 811 (1966); Commonwealth ex rel. Branam v. Myers, 420 Pa. 77, 216 A.2d 89 (1966); Commonwealth ex rel. Robinson v. Myers, 420 Pa. 72,
215 A.2d 637 (1966); Commonwealth ex rel. Stevens v. Myers, 419 Pa. 1, 213 A.2d 613 (1965), the order of the court below is vacated and the record remanded for consideration of the contention contained in appellant's petition that he was denied his constitutional right to the assistance of counsel on appeal. Cf. Douglas v. California, 372 U.S. 353, 83 S. Ct. 814 (1963).
Mr. Justice COHEN took no part in the consideration or decision of this case.