286 A.2d 409

Commonwealth v. DeFoy, Appellant.

Superior Court of Pennsylvania.Submitted November 8, 1971.
January 13, 1972.

Petition for post-conviction relief. Appeal, No. 291, April T., 1971, from order of Court of Common Pleas of Erie County, No. 1113 of 1969, opinion by DWYER, P.J. Submitted November 8, 1971.

Anthony L. Gabatese,

Page 763

for appellant; Michael M. Palmisano, District Attorney, for Commonwealth, appellee.

OPINION PER CURIAM:

The order of the court below is vacated and the record remanded for a hearing on the issues raised by the original or an amended post-conviction petition.

WRIGHT, P.J., dissents.

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