February 10, 1984
COMMONWEALTH OF PENNSYLVANIA, APPELLANT
WILLIAM A. KELLIHER, APPELLEE
No. 140 Harrisburg 1982, Appeal from the PCHA Order of the Court of Common Pleas, Lebanon County, Criminal Division at No. 261-1978.
Before McEWEN, Johnson and Popovich, JJ.
Although I agree with the result reached by the majority in the instant case, I would dispose of this appeal based on the fact that the issues raised by appellee have been finally litigated. 19 P.S. § 1180-4(a), reenacted at 42 Pa.C.S.A. § 9544(a). See also Commonwealth v. Hook, 300 Pa. Super. 181, 446 A.2d 290 (1982) (issue argued and decided adversely to defendant on direct appeal has been finally litigated and may not be raised collaterally in a P.C.H.A. proceeding).
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