Commonwealth v. Olecki

Superior Court of Pennsylvania

Commonwealth v. Olecki

232 A.2d 761, 210 Pa. Super. 722

CourtSuperior Court of Pennsylvania

DecidedJune 16, 1967

DocketAppeal, No. 545

StatusPublished

This text of 232 A.2d 761 (Commonwealth v. Olecki) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Olecki, 232 A.2d 761, 210 Pa. Super. 722 (Pa. Ct. App. 1967).

Pincite

Opinion

Per Curiam:

The 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 intelligently made by the defendant. Commonwealth v. Phillips, 208 Pa. Superior Ct. 121, 220 A. 2d 345 (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).

Record remanded for further proceedings consistent with this opinion.

Hoffman, J., absent.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam:

The 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 intelligently made by the defendant. Commonwealth v. Phillips, 208 Pa. Superior Ct. 121, 220 A. 2d 345 (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).

Record remanded for further proceedings consistent with this opinion.

Hoffman, J., absent.

Cite This Page — Counsel Stack

Bluebook (online)

232 A.2d 761, 210 Pa. Super. 722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-olecki-pasuperct-1967.

Opinion

Related

Cite This Page — Counsel Stack