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461 Pa. 555

337 A.2d 292

Commonwealth v. Mitchell

Supreme Court of Pennsylvania

Decided May 13, 1975

Supreme Court of Pennsylvania · decided 1975-05-13

Cited by 16 later decisions — most recently August 1979

16 state decisions

Relies on Commonwealth v. Clair · Commonwealth v. GOODMAN · Commonwealth v. Reid

Good law ✅— No negative treatment on recordhow we know

Decided 1975-05-13

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¶1 OPINION OF THE COURT

PER CURIAM:

¶2 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.

¶3 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.

¶4 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).

¶5 Judgment of sentence affirmed.

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