COM. v. EWELL, 473 Pa. 380 (1977)

374 A.2d 694

COMMONWEALTH of Pennsylvania, Appellee, v. Edwin EWELL, Appellant.

Supreme Court of Pennsylvania.Argued March 7, 1977.
Decided July 8, 1977.

Appeal No. 73 March Term 1976, from the Judgment of Sentence in the Court of Common Pleas of Allegheny County, Criminal Division, at No. CC7505687A; Joseph H. Ridge.

Edwin Ewell, in pro. per.

Lester G. Nauhaus, John H. Corbett, Jr., Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Charles W. Johns, Asst. Dist. Attys., Pittsburgh, for appellee.

Before EAGEN, C. J., and O’BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION
PER CURIAM:

In this appeal from the judgment of sentence imposed following appellant’s conviction of murder in the third degree, it is maintained appellant’s trial counsel was ineffective and he was thus denied a fair trial.

Since we are unable to ascertain from the trial record the accuracy of the factual allegations upon which the ineffective counsel complaint is based, we will remand the record to the trial court with directions to conduct an evidentiary hearing and to determine the merit of this assignment

Page 381

of error. Cf. Commonwealth v. Dancer, 460 Pa. 95, 331 A.2d 435
(1975).

After the foregoing determination is made, the trial court is directed to file a written report with this Court.

It is so ordered.