Opinion
Argued March 27, 1974.
May 16, 1974.
Indictments charging defendant with aggravated assault with intent to murder, aggravated robbery and carrying a concealed deadly weapon. Before STOUT, J., without a jury. Appeals, Nos. 1443 and 1444, Oct. T., 1972, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Jan. T., 1972, Nos. 1171 and 1172. Argued March 27, 1974.
Mary Alice Duffy, with her Duffy and Duffy, for appellant; Albert L. Becker, Assistant District Attorney, with him David Richman, Assistant District Attorney, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
The record is remanded to the court below for an evidentiary hearing to determine whether appellant intelligently waived the right to file post-trial motions.