Opinion · Superior Court of Pennsylvania

Commonwealth ex rel. Lay v. Myers

Commonwealth ex rel. Lay v. Myers, 204 Pa. Super. 726 (Pa. Super. Ct. 1964)

Type: Opinion
Court: Superior Court of Pennsylvania
Jurisdiction: Pennsylvania
Date: 1964-09-30
Topic: general

Opinion Per Curiam : The cause is remanded to the Court of Common Pleas of Lancaster County for further consideration and appropriate proceedings in the light of Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799, in order that Lloyd Lester Lay may have an opportunity to establish by evidence the material averments of his petition and the Commonwealth may have an opportunity to affirm or deny or rebut this evi*727deuce. After hearing the evidence, the Court of Common Pleas of Lancaster County shall make its findings and enter an appropriate order of judgment consistent with the evidence and the law, and the opinion of the Supreme Court in Gideon v.

Citator

UpLaw has not yet analyzed Commonwealth ex rel. Lay v. Myers. The absence of a flag is not a finding that it is good law.

Cited by: 2 opinions

Opinion

Per Curiam :

The cause is remanded to the Court of Common Pleas of Lancaster County for further consideration and appropriate proceedings in the light of Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799, in order that Lloyd Lester Lay may have an opportunity to establish by evidence the material averments of his petition and the Commonwealth may have an opportunity to affirm or deny or rebut this evi *727 deuce. After hearing the evidence, the Court of Common Pleas of Lancaster County shall make its findings and enter an appropriate order of judgment consistent with the evidence and the law, and the opinion of the Supreme Court in Gideon v. Wainwright, supra, and in accord with right and justice, the Constitution of the United States, and the Constitution and the laws of the Commonwealth of Pennsylvania. The reasons for this action are to be found in our recent opinion in Commonwealth ex rel. Goodfellow v. Rundle, 203 Pa. Superior Ct. 419, 201 A. 2d 615 (1964).

Order reversed and cause remanded with a procedendo.