Commonwealth v. Mussoline

Dissenting Opinion by

Me. Justice Cohen:

This Court has repeatedly stated that matters not raised in or considered by the court below cannot be considered on appeal for the first time. Wynnewood Civic Association v. Lower Merion Township Board of Adjustment, 406 Pa. 413, 419, 179 A. 2d 649 (1962); Rome Township Referendum Recount Case, 397 Pa. 331, 155 A. 2d 361 (1959); Muse-Art Corporation v. Philadelphia, 373 Pa. 329, 95 A. 2d 542 (1953); Prenzel v. Apex Hosiery Co., Inc., 299 Pa. 17, 148 Atl. 915 (1930), and numerous other cases. Despite this well settled principle, the majority opinion…