Commonwealth v. Payton

Opinion by

Mr. Justice Roberts,

in 1960 appellant was tried and convicted of murder in the. first degree and received a life sentence. No appeal was taken. Seven years later Payton commenced the' present action under the Post Conviction Hearing Act, seeking the right to file new trial motions and, if necessary, take a direct appeal to this Court. Following an evidentiary hearing, with counsel, the petition was dismissed. Hence, this-appeal.

•- Appellant’s sole claim is that he did not knowingly and intelligently waive his right to appeal in 1960 since he was told nothing whatsoever about…