Commonwealth v. Payton

Opinion by

Mr. Justice Jones,

On May 26, 1960, after a jury trial in the Court of Oyer and Terminer of Dauphin County, Harold Pay-ton was convicted of first-degree murder and was sentenced to life imprisonment. On April 25, 1967, Pay-ton filed a petition under the Post Conviction Hearing Act, by which he sought leave to file post-trial motions nunc pro tunc, and in which he made the following averments: “1. At no time during or after trial was petitioner advised of his right to a new trial or direct appeal. Neither the court or [sic] counsel informed petitioner of his inherent right to appeal.…