Commonwealth v. Gates

Opinion by

Mr. Justice Roberts,

Following a trial before judge and jury at which appellant pleaded not guilty and relied upon the defense of alibi, the jury returned a verdict of guilty of murder in the first degree, fixing the .penalty at life imprisonment. Appellant Gates’ subsequent appeal to this Court resulted in an affirmance of his conviction. Commonwealth v. Gates, 892 Pa. 557, 141 A. 2d 219 (1958). He now appears before us a second time, allegedly aggrieved .at the dismissal of his Post Conviction Hearing Act petition without hearing by the court below. Although Gates’ list of alleged…