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COM. ex rel. RAKUS v. MARONEY

435 Pa. 587 (1969)

Commonwealth ex rel. Rakus, Appellant, v. Maroney.

Supreme Court of Pennsylvania.

October 9, 1969.

Attorney(s) appearing for the Case

John E. O'Connor, for appellant.

Jerry B. Chariton, Assistant District Attorney, Charles D. Lemmond, Jr., First Assistant District Attorney, and Blythe H. Evans, Jr., District Attorney, for appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION PER CURIAM, October 9, 1969:

The order of the Court of Common Pleas of Luzerne County is vacated, and the record is remanded to that court for an evidentiary hearing to determine whether appellant's guilty plea was knowingly and voluntarily made. See Commonwealth v. Patterson, 432 Pa. 76, 247 A.2d 218 (1968).

DISSENTING OPINION BY MR. CHIEF JUSTICE BELL:

The record shows that no evidentiary hearing was...

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