Commonwealth v. Magee

Opinion by

Mr. Justice Eagen,

The appellant, Keith Magee, was convicted by a jury in Erie County on February 16, 1954, of murder in the first degree, and the punishment was fixed at life imprisonment. A motion for a new trial was dismissed, and judgment of sentence imposed in accordance with the jury’s verdict. No appeal was filed from the judgment.

In December 1966, Magee filed a petition for post-conviction relief which the lower court dismissed without hearing. An appeal from that order is now before us.

We are satisfied that certain allegations in the petition in the present proceedings are…