FESS, J.
This is an appeal on questions of law from a judgment of the Common Pleas Court overruling, without receiving evidence thereon, a motion of defendant to vacate and set aside his sentence and to withdraw his plea of guilty to a lesser offense than that charged in the indictment made upon his alleged reliance on a promise on the part of the prosecuting attorney to recommend leniency on the part of the trial judge incident to the imposition of sentence.
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