Commonwealth v. Ewell
This text of 374 A.2d 694 (Commonwealth v. Ewell) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION
In this appeal from the judgment of sentence imposed following appellant’s conviction of murder in the third degree, it is maintained appellant’s trial counsel was ineffective and he was thus denied a fair trial.
Since we are unable to ascertain from the trial record the accuracy of the factual allegations upon which the ineffective counsel complaint is based, we will remand the record to the trial court with directions to conduct an evidentiary hearing and to determine the merit of this as[381]*381signment of error. Cf. Commonwealth v. Dancer, 460 Pa. 95, 331 A.2d 435 (1975).
After the foregoing determination is made, the trial court is directed to file a written report with this Court.
It is so ordered.
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Cite This Page — Counsel Stack
374 A.2d 694, 473 Pa. 380, 1977 Pa. LEXIS 725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-ewell-pa-1977.