Commonwealth v. Thomas , 450 Pa. 548 ( 1973 )

Concurring Opinion by

Mr. Justice Roberts:

I concur in the result on two grounds. First, since appellee failed to raise any challenge to his guilty plea in the Superior Court, he has waived his right to litigate that issue here. Post Conviction Hearing Act, Act of January 25, 1966, P. L. (1965) 1580, §4, 19 P.S. §1180-4. Secondly, here, as in Commonwealth v. Slavik, 449 Pa. 424, 297 A. 2d 920 (1972), defendant made no request to withdraw Ms guilty plea at the time he introduced allegedly exculpatory facts. Had such a request been made we would be presented with an entirely different issue. See Commonwealth v. Santos, 450 Pa. 492, 301 A. 2d 829 (1973) ; Commonwealth v. Forbes, 450 Pa. 185, 299 A. 2d 254 (1973).

Mr. Justice Nix and Mr. Justice Mandekino join in this concurring opinion.