Opinion
Submitted June 9, 1975.
February 2, 1977.
Petition for post-conviction relief. Before DOTY, J. Order entered dismissing petition. Defendant appealed. Appeal, No. 898, Oct. T., 1975, from Court of Common Pleas, Trial Division, of Philadelphia, Jan. T., 1974, Nos. 591, 594, and 595. Submitted June 9, 1975.
Roger J. Harrington, and O'Brien and O'Brien, for appellant; Daniel P. McElhatton, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
The order is reversed and the case remanded with instructions that appellant be given leave to file post-trial motions nunc pro tunc. See Commonwealth v. Agie, 449 Pa. 187, 296 A.2d 741 (1972); Commonwealth v. Bittner, 441 Pa. 216, 272 A.2d 484 (1971); Petition for reargument refused February 28, 1977.