Commonwealth v. Swift

Dissenting Opinion by

Hoffman, J.:

Appellant was convicted before a judge and jury of burglary, larceny, and receiving stolen goods. He filed post-trial motions but never appealed from the judgment of sentence. He subsequently filed a petition under the Post Conviction Hearing Act, Act of January 25, 1966, P. L. (1965) 1580, 19 P.S. §1180 (Supp. 1969), alleging he had not been informed of his right of appeal with free counsel. A hearing was held at which appellant’s trial counsel testified. The record reveals that the only question and answer in counsel’s testimony with respect to free counsel…