
    Commonwealth ex rel. Mackey, Appellant, v. Hendrick.
    Argued March 22, 1966.
    
      Samuel Dashiell, for appellant;
    
      Joseph M. Smith, Assistant District Attorney, with him Robert M. Borden, Assistant District Attorney, and Arlen Specter, District Attorney, for appellee.
   Order affirmed.

Hoffman, J.,

would remand this case to the court below with directions to hold an evidentiary hearing to determine whether appellant’s failure to take a time-]y appeal resulted from an unconstitutional deprivation of the assistance of counsel.  