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COMMONWEALTH v. MILLIKEN (07/01/74)

decided: July 1, 1974.

COMMONWEALTH
v.
MILLIKEN, APPELLANT



Appeal from order of Court of Common Pleas of Dauphin County, Sept. T., 1968, No. 14, in case of Commonwealth of Pennsylvania v. Thomas Eugene Milliken.

COUNSEL

Philip D. Freedman, Assistant Public Defender, for appellant.

Rolf W. Bienk, Deputy District Attorney, and LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Justice Roberts.

Author: Roberts

[ 456 Pa. Page 528]

On direct appeal from his conviction of murder in the first degree, appellant argued that a warrant authorizing the search of his apartment was unconstitutionally issued because sworn oral testimony was used to supplement the written affidavit. This Court rejected his claim and affirmed the judgment of sentence. Commonwealth v. Milliken, 450 Pa. 310, 300 A.2d 78 (1973). See also United States ex rel. Gaugler v. Brierley, 477 F.2d 516 (3d Cir. 1973); Commonwealth v. Conner, 452 Pa. 333, 305 A.2d 341 (1973); Commonwealth v. Bedford, 451 Pa. 325, 304 A.2d 453 (1973); Commonwealth v. Simmons, 450 Pa. 624, 301 A.2d 819 (1973).

In this post-conviction proceeding, Milliken again raises the identical issue. By virtue of our previous adjudication, this issue is finally litigated. Post Conviction

[ 456 Pa. Page 529]

Hearing Act, Act of January 25, 1966, P.L. (1965) 1580, § 4(a)(3), 19 P.S. § 1180-4(a)(3) (Supp. 1973); see, e.g., Commonwealth v. Frazier, 455 Pa. 162, 314 A.2d 16 (1974). The hearing court therefore correctly refused to reconsider this issue and properly dismissed the petition. The Post Conviction Hearing Act is not a vehicle for the relitigation of previously-adjudicated claims.

Order affirmed.

Disposition

Order affirmed.

19740701 ...


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