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210 Pa. Super. 721

Commonwealth v. Keane

Superior Court of Pennsylvania

Decided June 16, 1967

Superior Court of Pennsylvania · decided 1967-06-16

Relies on Commonwealth v. Phillips

Decided 1967-06-16

Per Curiam:

¶1The judgment of sentence 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 intel*722ligently made by the defendant. Commonwealth v. Phillips, 208 Pa. Superior Ct. 121, 220 A. 2d 845 (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 the judgment of sentence will be reinstated. 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. Superior Ct. 284, 232 A. 2d 207 (1967).

¶2Record remanded for further proceedings consistent with this opinion.

Hoffman, J., absent.
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