Commonwealth v. Gray

Superior Court of Pennsylvania

Decided February 7, 1978

Superior Court of Pennsylvania · decided 1978-02-07

Relies on Commonwealth v. Schroth · Commonwealth v. Tate

Decided 1978-02-07

¶1OPINION

PER CURIAM:

¶2Judgment of sentence vacated. The case is remanded for the entry of post-trial motions nunc pro tunc.

JACOBS and PRICE, JJ., dissent.VAN der VOORT, J., dissents and would remand to the lower court for a determination of whether appellant knowingly and intelligently waived his right to file post-trial motions. Commonwealth v. Tate, 464 Pa. 25, 346 A.2d 1 (1975); Commonwealth v. Schroth, 458 Pa. 233, 328 A.2d 168 (1974).