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COMMONWEALTH v. GILBERT

218 Pa.Super. 198 (1971)

Commonwealth v. Gilbert, Appellant.

Superior Court of Pennsylvania.

April 15, 1971.

Attorney(s) appearing for the Case

R. Barclay Surrick, Assistant Public Defender, for appellant.

Vram Nedurian, Jr., Assistant District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION BY CERCONE, J., April 15, 1971:

This case involves the exact procedural problem presented in Commonwealth v. Rosenberger, 218 Pa.Super. 95, 279 A.2d 308 (1971) and Commonwealth v. Neil, 218 Pa.Super. 197, 279 A.2d 336 (1971). For the reasons stated in my opinions in those two cases, we reverse that part of the Post Conviction Hearing Act court's decision which...

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