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COMMONWEALTH v. MILLIGAN (10/22/70)

THE SUPERIOR COURT OF PENNSYLVANIA


October 22, 1970

COMMONWEALTH
v.
MILLIGAN, APPELLANT.

Appeal, No. 203, April T., 1970, from order of Court of Common Pleas of Butler County, Dec. T., 1960, Nos. 2 and 3, and Sept. T., 1961, No. 12.

COUNSEL

Hubert I Teitelbaum, James K. O'Malley, and Morris, Safier & Teitelbaum, for appellant; Robert F. Hawk, Assistant District Attorney, and John H. Brydon, District Attorney, for Commonwealth, appellee.

Before Kiester, P.j.

Opinion PER CURIAM: At the PCHA hearing the court below found appellant's guilty pleas at O. & T. No. 2, December Term, 1960, and No. 12, September Term, 1961, were valid. The sentence was legal. It is admitted that appellant did not waive his appeal rights on the jury conviction and sentence at O. & T. No. 3, December Term, 1960. Order affirmed as to the validity of the guilty pleas and sentence. Order reversed as to the allowance of an appeal nunc pro tunc on the guilty pleas. (See Commonwealth v. Lowery, 438, Pa. 89, 263 A.2d 332 (1970)). Order affirmed to allow appellant an appeal nunc pro tunc on the conviction and sentence at O. & T. No. 3, December Term, 1960.

19701022

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