Opinion
Argued December 10, 1971.
February 10, 1972.
Indictments charging defendant with solicitation to commit sodomy, assault with intent to commit sodomy and sodomy. Before BOLGER, J., without a jury. Appeals, Nos. 1692 to 1694, inclusive, Oct. T., 1971, from order of Court of Common Pleas, Trial Division, of Philadelphia, Aug. T., 1969, Nos. 570 and 571, and Dec. T., 1969, No. 105. Argued December 10, 1971.
John W. Packel, Assistant Defender, with him Andrea Levin, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant; Milton M. Stein, Assistant District Attorney, with him James J. Wilson, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Order vacated and record remanded for a hearing on the issue of whether there was an intelligent waiver of a jury trial by appellant.