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Commonwealth v. Davis

Superior Court of Pennsylvania
Sep 15, 1967
233 A.2d 307 (Pa. Super. Ct. 1967)

Opinion

Submitted June 16, 1967.

September 15, 1967.

Indictment charging defendant with robbery, burglary and receiving stolen goods. Before HOBAN, P.J. Appeal, No. 614, Oct. T., 1966, from order of Court of Oyer and Terminer of Lackawanna County, May T., 1960, No. 8. Submitted June 16, 1967.

Irving L. Epstein and David M. Epstein, for appellant; Joseph J. Cimino, District Attorney, for Commonwealth, appellee.


The judgment of sentence is vacated and the record remanded to the lower court for a hearing to determine whether the written waiver of indictment by a grand jury was knowingly and intelligently made by the defendant. Commonwealth v. Phillips,

208 Pa. Super. 121, 220 A.2d 345, affirmed, 424 Pa. 641, 226 A.2d 863 (1967). Should the lower court find that the waiver of indictment was knowingly and intelligently made, it shall enter an order to that effect and the judgment of sentence will be reinstated. Should the lower court find that the waiver was not knowingly and intelligently made, it may proceed in a manner consistent with our opinion in Commonwealth v. Howard, 210 Pa. Super. 284, 231 A.2d 860 (1967).

Record remanded for further proceedings consistent with this opinion.


Summaries of

Commonwealth v. Davis

Superior Court of Pennsylvania
Sep 15, 1967
233 A.2d 307 (Pa. Super. Ct. 1967)
Case details for

Commonwealth v. Davis

Case Details

Full title:Commonwealth v. Davis, Appellant

Court:Superior Court of Pennsylvania

Date published: Sep 15, 1967

Citations

233 A.2d 307 (Pa. Super. Ct. 1967)
233 A.2d 307