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Com. v. Mitchell

Supreme Court of Pennsylvania
May 13, 1975
337 A.2d 292 (Pa. 1975)

Opinion

Submitted April 8, 1975.

Decided May 13, 1975.

Appeal from the Court of Common Pleas, Criminal Section, Trial Division, of Philadelphia County, Indictment No. 317, May Term, 1973, Edward J. Bradley, J.

Albert L. Deutsch, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Philadelphia, for appellee.

Before JONES, C. J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION OF THE COURT


Appellant was tried before a judge sitting without a jury at the conclusion of which he was adjudged guilty of voluntary manslaughter. Post-trial motions, which were permitted to be filed nunc pro tunc, were denied. A sentence of from two to eight years imprisonment was imposed. This appeal followed.

Appellant raises the following issues for consideration: whether the trial court erred in permitting the prosecution to introduce as rebuttal evidence appellant's prior conviction for aggravated robbery and, whether the trial court erred in preventing appellant from introducing his statement made to the police as a prior consistent statement.

While objections were properly made at trial, the aforementioned issues were not raised in support of post-trial motions. Consequently, appellant is precluded from raising these issues on appeal. Commonwealth v. Bronaugh, 459 Pa. 634, 331 A.2d 171 (1975); Commonwealth v. Reid, 458 Pa. 357, 326 A.2d 267 (1974); Commonwealth v. Clair, ___ Pa. ___, 326 A.2d 272 (1974); Commonwealth v. Goodman, 454 Pa. 358, 311 A.2d 652 (1973).

Judgment of sentence affirmed.


Summaries of

Com. v. Mitchell

Supreme Court of Pennsylvania
May 13, 1975
337 A.2d 292 (Pa. 1975)
Case details for

Com. v. Mitchell

Case Details

Full title:COMMONWEALTH of Pennsylvania v. Thomas MITCHELL, Appellant

Court:Supreme Court of Pennsylvania

Date published: May 13, 1975

Citations

337 A.2d 292 (Pa. 1975)
337 A.2d 292

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