Legal Opinion

Commonwealth v. Fryberger

Superior Court of Pennsylvania

Decided February 27, 1975No. Appeal, 806PublishedCited by 8 opinions

1Opinion of the Court

Opinion by

Jacobs, J.,

This is an appeal from the loiver court’s order denying the relief requested by appellant in his PCHA1 petition. Appellant’s principal contention is that he did not knowingly and understandingly Avaive his right to file post-trial motions. Because Ave agree with appellant, we remand this case to the loAver court and permit appellant to file such motions nunc pro tunc.

The record reveals that appellant Avas charged with playfully or wantonly pointing and discharging a firearm, assault and battery (tAvo counts), rape (four counts), and adultery (four counts). Appellant’s…

2Cases cited4 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Commonwealth v. GrilloSuperior Court of Pennsylvania · 1966
  3. Commonwealth v. JonesSupreme Court of Pennsylvania · 1971
  4. Commonwealth v. MATCHESONSuperior Court of Pennsylvania · 1969

3Cited by8 opinions

  1. Commonwealth v. KinseySuperior Court of Pennsylvania · 1977
  2. Commonwealth v. WardellSuperior Court of Pennsylvania · 1975
  3. Commonwealth v. SimmonsSuperior Court of Pennsylvania · 1975
  4. Commonwealth v. WilliamsSuperior Court of Pennsylvania · 1976
  5. Commonwealth v. DuncanSuperior Court of Pennsylvania · 1975

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