Opinion
Submitted December 10, 1963.
July 17, 1964.
Appeal, No. 301, Oct. T., 1963, from order of Court of Common Pleas of Chester County, June T., 1963, No. 50. Habeas corpus. Submitted December 10, 1963.
Carl E. Stanley, appellant, in propria persona; John S. Halsted, Assistant District Attorney, and Samuel J. Halpren, District Attorney, for appellee.
The cause is remanded to the Court of Common Pleas of Chester County for further consideration and appropriate proceedings in the light of Gideon v. Wainwright, 372 U.S. 335, in order that Carl E. Stanley may have an opportunity to establish by evidence the material averments of his petition and the Commonwealth may have an opportunity to affirm or deny or rebut this evidence. After hearing the evidence, the Court of Common Pleas of Chester County shall make its findings and enter an appropriate order of judgment consistent with the evidence and the law, and the opinion of the Supreme Court of the United States in Gideon v. Wainwright, supra, and in accord with right and justice and the Constitution and the laws of the United States.
Order reversed and cause remanded with a procedendo.