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COMMONWEALTH v. LOVEDAY

445 Pa. 426 (1971)

Commonwealth v. Loveday, Appellant.

Supreme Court of Pennsylvania.

December 20, 1971.

Attorney(s) appearing for the Case

Thomas C. Zerbe, Jr., Assistant Public Defender, for appellant.

Marion E. MacIntyre, Deputy District Attorney, and LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, December 20, 1971:

Although the court below correctly permitted the appellant to file post-trial motions as though timely filed, Com. v. Robinson, 442 Pa. 512, 515 n. 2, 276 A.2d 537, 539 n. 2 (1971), we are confused by the use of the term "previously litigated" and the extensive quotation from our opinion in Com. ex rel. Loveday v. Myers, 422 Pa. 483, 222 A.2d 725 (1966...

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