Commonwealth v. Gatewood

Opinion by

Packel, J.,

This appeal from the denial of nunc pro tunc post-trial motions is based upon (1) the unavailability of a significant part of the notes of testimony, and (2) the denial by the trial court of an offer to prove, by the attorney for a co-defendant, a prior inconsistent statement of a witness as to a material matter.

The appellant has been convicted of aggravated robbery and aggravated assault and battery in connection with the holdup of a cab driver during the first hours of May 12, 1963. At the trial, the cab driver stated that he was robbed by three passengers and…