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COMMONWEALTH PENNSYLVANIA v. GARY P. BATES (01/27/75)

SUPREME COURT OF PENNSYLVANIA


decided: January 27, 1975.

COMMONWEALTH OF PENNSYLVANIA
v.
GARY P. BATES, APPELLANT

COUNSEL

Defender Assn. of Philadelphia, Vincent J. Ziccardi, Defender, John W. Packel, Chief, Appeals Div., Drew Salaman, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Richard A. Sprague, First Asst. Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., D. Richardson, Philadelphia, for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Nix, J., took no part in the consideration or decision of this case.

Author: Per Curiam

[ 460 Pa. Page 247]

OPINION OF THE COURT

The issues raised by appellant having been waived by his failure to raise them in his prior petition under the Post-Conviction Hearing Act, the order denying him relief is affirmed. Act of January 25, 1966, P.L. (1965) 1580, § 4, 19 P.S. § 1180-4; Commonwealth v. Penn., 457 Pa. 517, 325 A.2d 815 (1974); Commonwealth v. Simon, 446 Pa. 215, 285 A.2d 861 (1971).

19750127

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