Appeal from order of Court of Common Pleas, Criminal Division, of Allegheny County, June T., 1968, No. 154, in case of Commonwealth of Pennsylvania v. Frederick Groom.
Sallie Ann Radick and John J. Dean, Assistant Public Defenders, and George H. Ross, Public Defender, for appellant.
Carol Mary Los and Robert L. Campbell, Assistant District Attorneys, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J. Spaulding, J., joins in this dissenting opinion.
[ 218 Pa. Super. Page 375]
Dissenting Opinion by Hoffman, J.:
In 1969 appellant was convicted of rape after a trial by jury. Post-trial motions were filed but later withdrawn upon the advice of counsel. Appellant was then sentenced.
Subsequently, he filed a petition pursuant to the Post Conviction Hearing Act alleging, inter alia, the denial of his right to appeal. After a hearing the court held that appellant had waived his right to appeal because of his voluntary withdrawal of post-trial motions.
I believe that the Commonwealth has not shown that appellant's withdrawal of post-trial motions was knowing and intelligent. Although appellant acquiesced in the withdrawal, trial counsel admitted that ...