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COMMONWEALTH PENNSYLVANIA v. JESSE KITHCART (04/17/75)

SUPREME COURT OF PENNSYLVANIA.


April 17, 1975

COMMONWEALTH OF PENNSYLVANIA
v.
JESSE KITHCART, APPELLANT.

COUNSEL

Vincent J. Ziccardi, Defender, John W. Packel, Chief, Appeals Division, Michael L. Levy, Asst. Defender, Defender Assn. of Philadelphia, for Jesse Kithcart.

F. Emmett Fitzpatrick, Jr., Dist. Atty., Richard A. Sprague, 1st Asst. Dist. Atty., David Richman, Asst. Dist. Atty., Chief, Appeals Division, Abraham J. Gafni, Deputy Dist. Atty. for Law, John H. Isom, Philadelphia, for appellee.

Per Curiam.

The issues presented in the instant appeal having been waived by appellant's failure properly to preserve them for appellate review, the order of the Superior Court must be affirmed, 225 Pa. Super. 729, 306 A.2d 337. Commonwealth v. Reid, 458 Pa. 357, 326 A.2d 267 (1974); Commonwealth v. Agie, 449 Pa. 187, 296 A.2d 741 (1972). See Commonwealth v. Clair, 458 Pa. 418, 326 A.2d 272 (1974).

19750417

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