History
  • No items yet
midpage
Commonwealth v. Caruso
210 Pa. Super. 719
Pa. Super. Ct.
1967
Check Treatment
Pee Cueiam :

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.

Case Details

Case Name: Commonwealth v. Caruso
Court Name: Superior Court of Pennsylvania
Date Published: Jun 16, 1967
Citation: 210 Pa. Super. 719
Docket Number: Appeal, No. 507
Court Abbreviation: Pa. Super. Ct.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.