Opinion
September 17, 1974.
December 11, 1974.
Criminal Law — Practice — Defendant's failure to file post-trial motions — Appellate review — No appellate review of issues not presented to trial court in post-verdict motions.
1. The swift and orderly administration of criminal justice requires that lower courts be given the opportunity to rectify their errors before they are considered on appeal.
2. Issues not presented to the trial court in post-verdict motions will not be considered on appeal.
Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT, and SPAETH, JJ.
Appeal, No. 269, Oct. T., 1974, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Sept. T., 1972, No. 775, in case of Commonwealth of Pennsylvania v. John Council. Judgment of sentence affirmed; petition for reargument refused January 17, 1975.
Indictments charging defendant with carrying a concealed deadly weapon, unlawfully carrying a firearm without a license, unlawful possession of marijuana, larceny and receiving stolen goods. Before WEISS, J., specially presiding, without a jury.
Finding of guilty of receiving stolen goods and judgment of sentence entered thereon. Defendant appealed.
George E. Goldstein, and Goldstein and Rosenblum, for appellant.
Steven H. Goldblatt, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
Submitted September 17, 1974.
In this direct appeal from a conviction on a charge of receiving stolen goods the appellant challenges the sufficiency of the evidence to sustain the conviction. We, however, are precluded from reaching the merits of the case in this direct appeal because the appellant did not file post-trial motions in the court below.
Act of June 24, 1939, P.L. 872, § 817, repealed, Act of Dec. 6, 1972, P.L. 1482, No. 334, § 5.
"The swift and orderly administration of criminal justice requires that lower courts be given the opportunity to rectify their errors before they are considered on appeal." Commonwealth v. Reid, 458 Pa. 357, 358, 326 A.2d 267, 267-268 (1974). Issues not presented to the trial court in post-verdict motions will not be considered on appeal. Commonwealth v. Staples, 457 Pa. 468, 326 A.2d 317 (1974).
Judgment affirmed.