Commonwealth v. Motley

Opinion by

Mr. Justice Roberts,

Appellant Matthew Miotley, after trial by jury in 1962, was convicted of murder in the first degree and sentenced to life imprisonment. No appeal was then taken from the judgment of sentence.

In 1967, appellant filed a petition pursuant to the Post Conviction Hearing Act,1 alleging, inter alia, that he had been denied his right to appeal and to free counsel on appeal if he is indigent, guaranteed by Douglas v. California, 372 U.S. 353, 83 S. Ct. 814 (1963). His petition was dismissed by the common *112pleas court, and this Court affirmed the dismissal by a divided…