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COMMONWEALTH v. BRITTINGHAM

442 Pa. 241 (1971)

Commonwealth v. Brittingham, Appellant.

Supreme Court of Pennsylvania.

March 18, 1971.

Attorney(s) appearing for the Case

Thomas M. Kittredge, for appellant.

J. Bruce McKissock and Milton M. Stein, Assistant District Attorneys, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE ROBERTS, March 18, 1971:

We must here decide whether appellant's choice not to take an appeal from a dismissal of his Post Conviction Hearing Act1 petition in order to have his application for parole considered at the earliest possible date by the Parole Board is a knowing and intelligent waiver of his right to appeal. We believe a valid waiver occurred.

Appellant, Edward Brittingham, was arrested in September...

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