Commonwealth v. Phoenix

Opinion

Per Curiam,

Appellant was tried and convicted of aggravated robbery. At his trial, he attempted to offer alibi testimony by his wife. Because he had not complied with the notice provisions of Pennsylvania Rule of Criminal Procedure 312, his offer was excluded. He does not come within the “interest of justice” exception to Rule 312. Cf. Commonwealth v. Shider, 209 Pa. Superior Ct. 133, 224 A. 2d 802 (1966). Moreover, his contention that the Rule is unconstitutional is without foundation in the instant case. Commonwealth v. Vecchiolli, 208 Pa. Superior Ct. 483, 224 A. 2d 96 (1966). Cf.…