Opinion
February 16, 1970.
Criminal Law — Practice — Post-conviction relief — Order of hearing court — Grounds on which case was determined — Federal or state right decided — Post Conviction Hearing Act.
Before BELL, C. J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.
Petition for leave to appeal, No. 404-A Miscellaneous Docket No. 17, from order of Superior Court, No. 966, Oct. T., 1969, affirming order of Court of Common Pleas of Delaware County, June T., 1964, No. 438 to 442, inclusive, in case of Commonwealth v. Gordon Naylor. Order of Superior Court reversed and case remanded to hearing court.
Same case in Superior Court: 216 Pa. Super. 722.
Petition for post-conviction relief. Before CATANIA, J.
Order entered dismissing petition. Defendant appealed to the Superior Court, which affirmed the order of the court below. Petition for allocatur filed with Supreme Court.
R. Barclay Surrick and Mervyn R. Turk, Assistant Public Defenders, for appellant.
Anna Iwachiw Vadino, Assistant District Attorney, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee.
The order of the Superior Court is reversed and the case remanded to the hearing court for the filing of a proper order in conformity with the Act of January 25, 1966, P. L. (1965) 1580, § 10, 19 P. S. § 1180-10 (Supp. 1969), which requires that "[t]he order finally disposing of the petition shall state grounds on which the case was determined and whether a federal or a state right was presented and decided."