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COMMONWEALTH v. SMITH

443 Pa. 151 (1971)

Commonwealth v. Smith, Appellant.

Supreme Court of Pennsylvania.

June 1, 1971.

Attorney(s) appearing for the Case

Richard D. Walker, Public Defender, 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 POMEROY, June 1, 1971:

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 PCHA1 petition, appellant asserted that he had never been informed of his right to appeal. Post-trial motions nunc pro tunc were allowed,

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