Supreme Court of Pennsylvania May 1, 1979, 41 (Commonwealth v. Gilman)

MANDERINO, Justice,

concurring.

I concur in the affirming of the judgment of sentence, but I do not agree with all the reasons stated. Appellant’s double jeopardy claim is without merit, and he is therefore not entitled to a discharge. I cannot agree, however, that any waiver occurred. Commonwealth v. Peters, 473 Pa. 89, 373 A.2d 1064 (1977) (Manderino, J., dissenting opinion).