Commonwealth v. Gilbert

Superior Court of Pennsylvania

Commonwealth v. Gilbert

279 A.2d 337, 218 Pa. Super. 198, 1971 Pa. Super. LEXIS 1646

Superior Court of Pennsylvania·Decided April 15, 1971·No. Appeals, Nos. 1541, 1542, and 1543·Published

Opinion

Opinion by

Cebcone, J.,

This case involves the exact procedural problem presented in Commonwealth v. Rosenberger, 218 Pa. Superior Ct. 95, 279 A. 2d 308 (1971) and Commonwealth v. Neil, 218 Pa. Superior Ct. 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 grants appellant the right to direct appeal nunc pro tunc. In all other respects we affirm.

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Opinion by

Cebcone, J.,

This case involves the exact procedural problem presented in Commonwealth v. Rosenberger, 218 Pa. Superior Ct. 95, 279 A. 2d 308 (1971) and Commonwealth v. Neil, 218 Pa. Superior Ct. 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 grants appellant the right to direct appeal nunc pro tunc. In all other respects we affirm.

Commonwealth v. Gilbert, 279 A.2d 337, 218 Pa. Super. 198, 1971 Pa. Super. LEXIS 1646 (Pa. Ct. App. 1971).

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Opinion

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