Commonwealth v. McBride

Opinion by

Mr. Justice Roberts,

On June 23, 1965, appellant pleaded guilty to murder generally. At his degree of guilt hearing, the Commonwealth certified that the case would rise no higher than voluntary manslaughter, and the judge found appellant guilty of that offense, sentencing him to a term of one and one-half to five years in prison. No appeal was taken. On September 18, 1968, appellant filed a petition pursuant to the Post Conviction Hearing Act, alleging that his plea was not knowingly and voluntarily entered, and that his plea was motivated by an unconstitutionally obtained…