Opinion
April 14, 1975.
September 22, 1975.
Criminal Law — Practice — Alleged inadequacy of waiver of jury trial — Issue not raised in post-trial motions.
Where the issue of the adequacy of waiver of a jury trial was not raised in post-trial motions, it cannot be raised on direct appeal.
Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT, and SPAETH, JJ.
Appeal, No. 78, April T., 1975, from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, Dec. T., 1973, No. 7226A, in case of Commonwealth of Pennsylvania v. Kenneth Scott. Judgment of sentence affirmed.
Indictment charging defendant with theft by receiving stolen goods. Before MORRIS, J., without a jury.
Finding of guilty and judgment of sentence entered thereon. Defendant appealed.
Stephen P. Swem, Trial Defender, John J. Dean, Chief, Appellate Division, and George H. Ross, Public Defender, for appellant. Charles W. Johns and Robert L. Eberhardt, Assistant District Attorneys, John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellee.
Submitted April 14, 1975.
Appellant's sole claim is that his waiver of a jury trial was inadequate under the standards set forth in Commonwealth v. Williams, 454 Pa. 368, 312 A.2d 597 (1973). This issue not having been raised in post-trial motions, it cannot be raised on this direct appeal. Commonwealth v. Agie, 449 Pa. 187, 296 A.2d 741 (1972).
Judgment affirmed.