Commonwealth v. Stewart

Opinion by

Mr. Justice Roberts,

Much of what we said in Commonwealth v. Wilson, 430 Pa. 1, 241 A. 2d 760 (1968) is applicable here. Appellant in this post-conviction proceeding requests the right to file new trial motions and appeal from a possible denial thereof, both to be done nunc pro tunc; his request is premised upon an allegation that he was not advised of the rights mandated by Douglas v. California, 372 U.S. 353, 83 S. Ct. 814 (1963). A hearing was held, appellant’s claim denied and this appeal taken.

In Wilson, we stressed that an indigent accused may waive his Douglas rights but that…