Under these circumstances appellant may not complain of inadequacy of the charge. Commonwealth v. Haas, 198 Pa. Super. 227, 181 A.2d 908 (1962). Appellant has failed to meet the heavy burden required to establish ineffective assistance of counsel.
It has been frequently stated that a defendant may waive his rights and that, absent unusual circumstances, rights effectively waived cannot be raised for the first time on appeal. "Counsel may not remain silent and take his chance of a verdict and then, if it is adverse, complain of matters which could have been immediately rectified." Commonwealth v. Haas, 198 Pa. Super. 227, 232, 181 A.2d 908 (1962). We have been referred to no Pennsylvania cases which deal with the waiver of the right to summation.
No specific exception was taken. Cf. Commonwealth v.Haas, 198 Pa. Super. 227, 181 A.2d 908. We adopt the following excerpt from Judge JOHNSTONE'S well considered opinion: "The record does not disclose the fact that counsel for the defendant in his closing argument to the jury severely excoriated both the prothonotary and the president judge of this court for signing the check at the defendant's request and endeavored to make them instead of the defendant the `goats' in this case.
We perceive no prejudice in the instant case. The language used by the trial judge was entirely fair to appellants, and placed no burden of proof upon them. Cf. Commonwealth v. Murray, 202 Pa. Super. 272, 195 A.2d 183. Moreover, if the alleged error had been so flagrant as is now asserted, it was the duty of counsel to call the trial judge's attention to it: Commonwealth v. Haas, 198 Pa. Super. 227, 181 A.2d 908. Appellants next contend that the charge of the trial judge on the subject of reasonable doubt was "fundamentally erroneous".