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Commonwealth v. Sickler et al

Superior Court of Pennsylvania
Jun 16, 1967
232 A.2d 760 (Pa. Super. Ct. 1967)

Opinion

Argued September 15, 1966.

June 16, 1967.

Motions in arrest of judgment sustained. Before HOBAN, P.J., ROBINSON and CONABOY, JJ., SIROTNAK, P.J., and LITTLE, P.J., specially presiding; HOBAN P.J., and CONABOY, J., dissented. Appeal, No. 422 Oct. T., 1966, from order of Court of Oyer and Terminer of Lackawanna County, Feb. T., 1952, No. 15. Argued September 15, 1966.

James E. O'Brien, First Assistant District Attorney, with him Joseph J. Cimino, District Attorney, for Commonwealth, appellant; James Scanlon, Jr., for Ellsworth Sickler, appellee; William F. Bradican, for John Savage, appellee.


The order of the lower court 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 (1966), 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 call the defendant for sentencing. 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, 232 A.2d 207 (1967).

Record remanded for further proceedings consistent with this opinion.

HOFFMAN, J., absent.


Summaries of

Commonwealth v. Sickler et al

Superior Court of Pennsylvania
Jun 16, 1967
232 A.2d 760 (Pa. Super. Ct. 1967)
Case details for

Commonwealth v. Sickler et al

Case Details

Full title:Commonwealth, Appellant, v. Sickler et al

Court:Superior Court of Pennsylvania

Date published: Jun 16, 1967

Citations

232 A.2d 760 (Pa. Super. Ct. 1967)
232 A.2d 760