Commonwealth v. Gary

Opinion by

Gunther, J.,

Defendant, Haddie M. Gary, was indicted at 1608 August Sessions, 1959, charging the offense of immoral practices. The case was tried without a jury by the court below. At the conclusion of the trial, defendant' was found guilty, sentence suspended, and ordered to pay the costs of prosecution. This appeal followed.

The Commonwealth contends that the appeal should be dismissed because no post-conviction motions for a new trial or in arrest of judgment were filed. We have stated repeatedly that matters not properly raised in the court below cannot be invoked on appeal.…