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COMMONWEALTH v. STEWART

435 Pa. 449 (1969)

Commonwealth v. Stewart, Appellant.

Supreme Court of Pennsylvania.

October 9, 1969.

Attorney(s) appearing for the Case

Norman M. Yoffe, for appellant.

Jerome T. Foerster, Assistant District Attorney, and LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE ROBERTS, October 9, 1969:

On March 18, 1961, appellant was convicted of first degree murder and sentenced to life imprisonment; no appeal was taken. On October 28, 1966, he petitioned for a hearing, pursuant to the Post Conviction Hearing Act, claiming that he was not advised of his right to appeal, as mandated by Douglas v. California, 372 U.S. 353, 83 S.Ct. 814 (1963). The hearing was held on January...

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