Commonwealth v. Ezell

Opinion by

Mr. Justice Roberts,

The sole issue raised in this proceeding under the Post Conviction Hearing Act is whether appellant knowingly and intelligently waived the right to appeal his conviction of murder in the second degree. The court below held an evidentiary hearing limited solely to this question, and decided that Ezell did so waive. We disagree and therefore hold that appellant must now be given leave to file post-trial motions, and if these motions are denied, be permitted to take a direct appeal to this Court. Furthermore, if indigent, counsel must be appointed.

Although the…