Appeal Nos. 261 and 405 January Term, 1977, from the Order dated December 20, 1976, of the Court of Common Pleas, Criminal Trial Division, of Philadelphia, at Nos. 1161-65, 1170 December Term, 1965; Edward J. Blake, Judge.
F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Dep. Dist. Atty. for Law, Michael R. Stiles, Asst. Dist. Atty. Chief, Appeals Div., for appellee.
Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Packel, J., did not participate in the decision of this case.
Appellant, Willie Hargrove, appeals from the dismissal of his fifth Post Conviction Hearing Act petition. Appellant pled guilty to five counts of murder generally, four counts of assault and battery with intent to kill, and one count of arson. No direct appeal was taken following the imposition of the judgments of sentence.
Appellant claims that he is entitled to a new trial because his guilty plea was unlawfully induced. This court has decided that precise issue adversely to appellant on two separate occasions. Commonwealth v. Hargrove, 428 Pa. 590, 236 A.2d 523 (1968); Commonwealth v. Hargrove, 434 Pa. 393, 254 A.2d 22 (1969).*fn1 Since the issue has been finally
litigated, the lower court was correct in dismissing appellant's petition.