455 PA 466 - Commonwealth v. Davis

How this case has been cited

Cited by 21 later decisions — most recently February 2014

21 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Opinion

Per Curiam,

¶2We agree that the judgment of sentence should be affirmed, because in our view none of appellant’s assignments of error justifies granting a new trial.

¶3Of the four presently-claimed grounds for reversal, no objections were made in the trial court to three. It is well settled that issues not raised at trial will not be considered for the first time on appeal. Commonwealth v. Yount, 455 Pa. 303, 318, 314 A.2d 242, 250 (1974); Commonwealth v. Watlington, 452 Pa. 524, 306 A.2d *467892 (1973); Commonwealth v. Agie, 449 Pa. 187, 296 A.2d 741 (1972); Pa. R. Crim. P. 1119(b).

¶4Appellant’s fourth, claim is that the trial court abused its discretion by allowing a forensic pathologist, a Commonwealth witness, to testify about the distance from which the weapon used to kill the victim was fired. However, the pathologist’s testimony was completely consistent with appellant’s version of the events surrounding the killing. If error were committed, it was error harmless beyond a reasonable doubt. Chapmam v. California, 386 U.S. 18, 87 S. Ct. 824 (1967); Commonwealth v. Davis, 452 Pa. 171, 305 A.2d 715(1973); Commonwealth v. Padgett, 428 Pa. 229, 237 A.2d 209 (1968); Commonwealth v. Pearson, 427 Pa. 45, 233 A.2d 552 (1967).

¶5Judgment of sentence affirmed.