Opinion
Argued: December 9, 1970.
February 4, 1971.
Indictment charging defendant with robbery, assault with intent to kill, aggravated assault and battery, pointing a deadly weapon and violation of the Uniform Firearms Act. Before JOHNSTONE, JR., J. Appeals, Nos. 1484 to 1488, inclusive, Oct. T., 1970, from order of Court of Common Pleas of Lancaster County, June T., 1964, Nos. 138 to 142, inclusive. Argued: December 9, 1970.
D. Patrick Zimmerman, Public Defender, for appellant; Henry J. Rutherford, First Assistant District Attorney, with him Clarence C. Newcomer, District Attorney, for Commonwealth, appellee.
OPINION PER CURIAM: The order of the court below is vacated and the record remanded to the court below for a hearing to determine whether the notes of testimony at trial are available.