Commonwealth v. Bollinger

Dissenting Opinion by

Montgomery, J.:

I respectfully dissent in this case, first because of a procedural reason. The majority opinion is based en*497tirely upon a reason1 that was not assigned as error in the court below as a basis for a new trial. It has been repeatedly said “. . . that a reason for a new trial not assigned as error in the court below may not be raised and will not be considered for the first time on appeal.” Enfield v. Stout, 400 Pa. 6, (14), 161 A. 2d 22, (26). Appellant’s motion included only the four customary reasons, viz., that the verdict was against the evidence, the…