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Com. v. Scott

Supreme Court of Pennsylvania
May 13, 1975
336 A.2d 865 (Pa. 1975)

Opinion

Argued April 10, 1975.

Decided May 13, 1975.

Appeal No. 600 January Term, 1974, from the Judgment of Sentence of the Court of Common Pleas, Philadelphia County, Trial Division, Criminal Section, Imposed on Indictment Nos. 1108-1110, April Term, 1973; Stanley L. Kubacki, Judge.

Edward K. Nichols, Jr., Philadelphia, for appellant.

F. Emmett Fitzpatrick, Jr., Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., James J. Wilson, Philadelphia, for appellee.

Before EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


ORDER


And now to wit this 13th day of May 1975, it is hereby ordered and decreed that the above-captioned matter is remanded to the lower court for an evidentiary hearing to determine whether appellant knowingly and intelligently waived her right to file and argue post-trial motions.

If the court determines that there has been no waiver then the judgment of sentence shall be vacated and post-trial motions allowed. The right of either party to appeal adverse rulings as to all issues properly raised in the instant appeal, including the finding regarding waiver of post-trial motions, is preserved.

JONES, C. J., took no part in the consideration or decision of this case.


Summaries of

Com. v. Scott

Supreme Court of Pennsylvania
May 13, 1975
336 A.2d 865 (Pa. 1975)
Case details for

Com. v. Scott

Case Details

Full title:COMMONWEALTH of Pennsylvania v. Marie SCOTT, Appellant

Court:Supreme Court of Pennsylvania

Date published: May 13, 1975

Citations

336 A.2d 865 (Pa. 1975)
336 A.2d 865