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COMMONWEALTH v. DAVIS

457 Pa. 194 (1974)

Commonwealth v. Davis, Appellant.

Supreme Court of Pennsylvania.

July 1, 1974.

Attorney(s) appearing for the Case

John W. Packel, Assistant Defender, with him Anne F. Johnson, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

John W. Morris, Assistant District Attorney, with him David Richman, Assistant District Attorney, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE O'BRIEN, July 1, 1974:

Appellant, Arthur Lee Davis, was arrested in connection with a milk delivery truck robbery in Philadelphia. He pled not guilty and, after waiving a jury trial, was convicted on counts of aggravated robbery and burglary and sentenced to serve concurrent one and one-half to five year terms on each charge. No post-trial motions or appeals were taken at that time.

Following a 1971 Post Conviction Hearing Act petition...

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