Opinion
March 21, 1968.
March 21, 1968.
Appeals — Post-trial motions — Appeal nunc pro tunc.
In this case, in which it appeared that the appellate court had granted leave to file the instant appeal nunc pro tunc; and that it further appeared, however, that post-trial motions had not been filed; it was Held that the case should be remanded to the court below to allow defendant to file post-trial motions nunc pro tunc.
Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and HANNUM, JJ.
Appeals, Nos. 251 to 258, inclusive, Oct. T., 1968, from judgments of sentence of Court of Oyer and Terminer, General Jail Delivery, and Quarter Sessions of the Peace of Delaware County, Dec. T., 1963, Nos. 549 to 553, inclusive, 557, 559, and 560, in case of Commonwealth of Pennsylvania v. Levi Jones. Case remanded.
Indictments charging defendant, inter alia, with robbery, burglary, aggravated assault and battery, carrying a concealed deadly weapon, and conspiracy. Before CURRAN, J.
Verdicts of guilty and judgment of sentence thereon. Defendant appealed nunc pro tunc.
John J. Cannon, for appellant.
Vram Nedurian, Jr., Assistant District Attorney, with him Ralph B. D'Iorio, Assistant District Attorney, William R. Toal, First Assistant District Attorney, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee.
Argued March 21, 1968.
In the instant case, our Court granted leave to file this appeal nunc pro tunc. It appears, however, that post-trial motions have not been filed in accordance with the requirements set forth in Commonwealth v. Grillo, 208 Pa. Super. 444, 222 A.2d 427 (1966). Accordingly, this case is remanded to the lower court to allow appellant to file post-trial motions nunc pro tunc. Should the said post-trial motions be dismissed, appellant shall have the right to appeal nunc pro tunc.