271 A.2d 867
Supreme Court of Pennsylvania.October 5, 1970.
January 7, 1971.
Argued October 5, 1970. Before BELL, C. J., JONES, COHEN, EAGEN, O’BRIEN, ROBERTS and POMEROY, JJ.
Appeal, No. 14, March T., 1970, from judgment of Court of Common Pleas, Criminal Division, of Allegheny County, Oct. T., 1958, No. 49, in case of Commonwealth of Pennsylvania v. Walter Joseph Phillips. Judgment affirmed.
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Petition for post-conviction relief. Before WEIS, JR., J.
Petition denied. Post-trial motions by defendant filed on stipulation of defense counsel and district attorney, with court approval; motions denied. Petitioner appealed.
Henry G. Beamer, with him Metz, Cook, Hanna Kelly, for appellant.
Robert L. Campbell, Assistant District Attorney, with hi Carol Mary Los, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.
OPINION PER CURIAM, January 7, 1971:
Judgment affirmed.
Mr. Justice COHEN took no part in the decision of this case.
DISSENTING OPINION BY MR. JUSTICE O’BRIEN:
I continue to adhere to the views expressed in my concurring and dissenting opinion in Commonwealth v. Patterson, 432 Pa. 76, 247 A.2d 218 (1968). Moreover, this Court, without specific reference thereto, apparently adopted the views of that concurring and dissenting opinion in Commonwealth v. Herge, 436 Pa. 542, 260 A.2d 787 (1970). I would reverse the judgment of sentence and remand the matter for a new degree-of-guilt hearing at which appellant would be afforded a Jackson-Denno
hearing in which he would have proper opportunity to establish his claim that the confession used at the degree-of-guilt hearing was involuntary.
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