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COMMONWEALTH v. GILBERT (04/15/71)

decided: April 15, 1971.

COMMONWEALTH
v.
GILBERT, APPELLANT



Appeals from judgment of sentence of Court of Common Pleas of Delaware County, Sept. T., 1965, Nos. 43, 45, and 47, in case of Commonwealth of Pennsylvania v. Roy E. Gilbert.

COUNSEL

R. Barclay Surrick, Assistant Public Defender, for appellant.

Vram Nedurian, Jr., Assistant District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Cercone, J.

Author: Cercone

[ 218 Pa. Super. Page 199]

This case involves the exact procedural problem presented in Commonwealth v. Rosenberger, 218 Pa. Superior Ct. 95, 279 A.2d 308 (1971) and Commonwealth v. Neil, 218 Pa. Superior Ct. 197, 279 A.2d 336 (1971). For the reasons stated in my opinions in those two cases, we reverse that part of the Post Conviction Hearing Act court's decision which grants appellant the right to direct appeal nunc pro tunc. In all other respects we affirm.

Disposition

Judgment reversed in part and affirmed in part.

19710415

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