Opinion
Argued March 27, 1974.
May 16, 1974.
Indictment charging defendant with unlawful sale of obscene materials. Before OLSZEWSKI, J. Appeals, Nos. 1736 and 1737, Oct. T., 1972, from judgment of sentence of Court of Common Pleas of Luzerne County, Nos. 1433, 1433-A of 1971. Argued March 27, 1974.
Robert E. Levy, with him William J. Cottrell, for appellant; Hugh F. Mundy, Assistant District Attorney, with him Patrick J. Toole, Jr., District Attorney, for Commonwealth, appellee.
The court below having, without a hearing, refused to allow appellant to file post-trial motions, the record is remanded for an evidentiary hearing to determine whether appellant intelligently waived the right to file post-trial motions.