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COMMONWEALTH v. RIGHTNOUR

469 Pa. 107 (1976)

364 A.2d 927

COMMONWEALTH of Pennsylvania v. Leon Ernest RIGHTNOUR, Appellant.

Supreme Court of Pennsylvania.

Decided October 8, 1976.

Attorney(s) appearing for the Case

Carl G. Wass, Harrisburg, for appellant.

Edwin W. Frese, Jr., Deputy Dist. Atty., Harrisburg, for appellee.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION

PER CURIAM.

The appellant's prior direct appeal to this Court resulted in an affirmance of the judgment of sentence by an equally divided court. Commonwealth v. Rightnour, 435 Pa. 104, 253 A.2d 644 (1969). Appellant later sought post-conviction relief, but his petition was dismissed on the ground that the issues sought to be raised had been "finally litigated" within...

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