Commonwealth v. Jones

CERCONE, Judge:

The instant appeal is from the denial of appellant’s request for a. new trial pursuant to a PCHA petition filed *348in the court below. The principal issue on appeal is whether a conviction is valid if it is obtained in part by use of a prior conviction which is invalidated after it has been so used. We agree with the court below that, on the facts of this case, appellant’s request for a new trial was properly denied.

In November, 1969 appellant was arrested and charged with rape, robbery and carrying a concealed deadly weapon. After a jury trial in May of 1970, appellant was found…