Commonwealth v. Penn

Supreme Court of Pennsylvania

Commonwealth v. Penn

325 A.2d 815, 457 Pa. 517, 1974 Pa. LEXIS 866

CourtSupreme Court of Pennsylvania

DecidedOctober 16, 1974

DocketAppeal, 3

StatusPublished

Cited by1 cases

This text of 325 A.2d 815 (Commonwealth v. Penn) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Penn, 325 A.2d 815, 457 Pa. 517, 1974 Pa. LEXIS 866 (Pa. 1974).

Pincite

Opinion

Per Curiam,

This appeal arises from the order of the Court of Common Pleas of Dauphin County dismissing appellant’s second petition under the Post Conviction Hearing Act, Act of January 25, 1966, P. L. 1580, §1-14, as amended, 19 P.S. §§1180-1 to -14 (Supp. 1974).

In his first PCHA petition, appellant’s sole contention was that the Constitution of Pennsylvania and the Constitution of the United States prevented his being found guilty of voluntary manslaughter when the indictment was solely for murder. That petition was denied by the court below on August 25, 1970, *518 and on appeal this Court affirmed in Commonwealth v. Penn, 444 Pa. 526, 282 A.2d 233 (1971).

The instant petition does not raise any issue which could not have been raised in the first counseled PCHA petition. Under Section 4 of the Post Conviction Hearing Act, the court below properly found that appellant had waived his right to raise issues not previously asserted.

Order affirmed.

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Opinion

Per Curiam,

This appeal arises from the order of the Court of Common Pleas of Dauphin County dismissing appellant’s second petition under the Post Conviction Hearing Act, Act of January 25, 1966, P. L. 1580, §1-14, as amended, 19 P.S. §§1180-1 to -14 (Supp. 1974).

In his first PCHA petition, appellant’s sole contention was that the Constitution of Pennsylvania and the Constitution of the United States prevented his being found guilty of voluntary manslaughter when the indictment was solely for murder. That petition was denied by the court below on August 25, 1970, *518 and on appeal this Court affirmed in Commonwealth v. Penn, 444 Pa. 526, 282 A.2d 233 (1971).

The instant petition does not raise any issue which could not have been raised in the first counseled PCHA petition. Under Section 4 of the Post Conviction Hearing Act, the court below properly found that appellant had waived his right to raise issues not previously asserted.

Order affirmed.

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Bluebook (online)

325 A.2d 815, 457 Pa. 517, 1974 Pa. LEXIS 866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-penn-pa-1974.

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