Commonwealth v. Magee

Opinion bx

Mr. Justice Roberts,

Appellant Keith Magee was convicted by a jury of first degree murder and sentenced to life imprisonment. No appeal was taken. In December 1966 he filed a petition under the Post Conviction Hearing Act, alleging that he had unconstitutionally been denied his right to appeal. The petition was dismissed without hearing and we reversed. Commonwealth v. Magee, 428 Pa. 186, 236 A. 2d 818 (1968). Upon remand, the hearing court held that he had not been denied his right to appeal. We reverse.

At the evidentiary hearing appellant’s original trial counsel testified that he…