Commonwealth v. Stewart

Opinion by

Mr. Justice Roberts,

On March 18, 1961, appellant was convicted of first degree murder and sentenced to life imprisonment; no appeal was taken. On October 28, 1966, he petitioned for a hearing, pursuant to the Post Conviction Hearing Act, claiming that he was not advised of his right to appeal, as mandated by Douglas v. California, 372 U.S. 353, 83 S. Ct. 814 (1963). The hearing was held on January 31, 1967, and, upon denial of this claim he appealed. We vacated and remanded for a further *451hearing, holding that, while it was clear that appellant knew of his right to appeal, it was not…