Commonwealth v. Smith

Opinion by

Mr. Justice Pomeroy,

In September, 1953, appellant was convicted by a jury of a felony murder arising out of an attempt to perpetrate a robbery, and sentenced to life imprisonment. No appeal was taken, but in 1968, through a PCHA 1 petition, appellant asserted that he had never been informed of his right to appeal. Post-trial motions nunc pro tunc were allowed, 2 and thereafter a new-trial motion was dismissed. This direct appeal followed.

The facts can be briefly summarized: In the early morning hours of July 16, 1953, appellant and his two confederates planned to rob a gasoline…