Commonwealth v. Bruce

Concurring Opinion by

Mr. Justice Roberts:

I would decide this ease on the basis of the failure by counsel at the trial to except to that portion of the charge to which objection is now made. This should be conclusive of the claim. See Commonwealth v. Chambers, 432 Pa. 253, 247 A. 2d 464 (1968); Com*72monwealth v. Simon, 432 Pa. 386, 248 A. 2d 289 (1968) (opinion in support of the order); Commonwealth v. Williams, 432 Pa. 557, 248 A. 2d 301 (1968) (dissenting opinion). However, I also must point out the inconsistencies in the majority opinion. First, it correctly notes that no objection was made…