Legal Opinion

Commonwealth v. Burton

Pennsylvania Court of Common Pleas, Lehigh County

Decided August 26, 1980No. 899 of 1979Published

1Opinion of the Court

BACKENSTOE, J.,

This matter is before us on defendant’s motion in arrest of judgment after a nonjury trial resulting in a conviction of attempt to deliver a controlled substance.* We note, first of all, that defendant’s failure to raise purported trial errors in his post-trial motion results in a waiver of those issues: Pa.R.Crim.P. 1123(a); Com. v. Blair, 460 Pa. 31, 331 A. 2d 213 (1975); Com. v. Clair, 458 Pa. 418, 326 A. 2d 272 (1974); Com. v. Zappacosta, 265 Pa. Superior Ct. 71, 401 A. 2d 805 (1979). Even if this were not the case, of course, we would be obliged to consider all evidence…

2Cases cited7 opinions

  1. Commonwealth v. ClairSupreme Court of Pennsylvania · 1974
  2. Commonwealth v. BlairSupreme Court of Pennsylvania · 1975
  3. Commonwealth v. MeadowsSupreme Court of Pennsylvania · 1977
  4. Commonwealth v. GilliamSuperior Court of Pennsylvania · 1980
  5. Commonwealth v. WillardSuperior Court of Pennsylvania · 1955

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