Commonwealth v. Gist

Opinion by

Mr. Justice Roberts,

Appellant is trying for the third time to collaterally attack his conviction of first degree murder. In his two prior attempts he was unrepresented; now he has counsel. After a hearing below, appellant’s Post Conviction Hearing Act petition was denied and appellant took this appeal.

Appellant first claims that he was not told of his right to appeal with counsel guaranteed by Douglas v. California, 372 U.S. 353, 83 S. Ct. 814 (1963). The Commonwealth agrees that since the trial record is silent on the issue of waiver, it has the burden of proving that appellant…