Supreme Court of Pennsylvania, 1975

Commonwealth v. Scott

Commonwealth v. Scott
Supreme Court of Pennsylvania · Decided May 13, 1975 · Brien, Consideration, Eagen, Jones, Manderino, Nix, Pomeroy, Roberts, Took
461 Pa. 436; 336 A.2d 865; 1975 Pa. LEXIS 788

Commonwealth v. Scott

Opinion of the Court

ORDER

PER CURIAM.

And now to wit this 13th day of May 1975, it is hereby ordered and decreed that the above-captioned matter is remanded to the lower court for an evidentiary hearing to determine whether appellant knowingly and intelligently waived her right to file and argue post-trial motions.

If the court determines that there has been no waiver then the judgment of sentence shall be vacated and post-trial motions allowed. The right of either party to appeal adverse rulings as to all issues properly raised in *437the instant appeal, including the finding regarding waiver of post-trial motions, is preserved.

JONES, C. J., took no part in the consideration or decision of this case.

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