Legal Opinion

Commonwealth v. Swain

Superior Court of Pennsylvania

Decided December 1, 1975No. Appeal, 997PublishedCited by 9 opinions

1Opinion of the Court

Opinion by

Cercone, J.,

In this appeal, from his conviction of robbery and conspiracy, appellant attempts to raise two issues. Unfortunately, appellant failed to file post-verdict motions in the court below; and, therefore, we are precluded from considering his issues. See Commonwealth v. Blair, 460 Pa. 31, 331 A.2d. 213 (1975); Commonwealth v. Coleman, 458 Pa. 324 (1974). However, we cannot determine with certainty, from the state of the record before us, whether appellant’s failure to file post-verdict motions was an intentional and intelligent relinquishment of his right to file such motions.

2Cases cited3 opinions

  1. Commonwealth v. BlairSupreme Court of Pennsylvania · 1975
  2. Commonwealth v. ColemanSupreme Court of Pennsylvania · 1974
  3. Commonwealth v. WardellSuperior Court of Pennsylvania · 1975

3Cited by9 opinions

  1. Commonwealth v. RinierSuperior Court of Pennsylvania · 1978
  2. Commonwealth v. TaylorSuperior Court of Pennsylvania · 1978
  3. Commonwealth v. BabbSuperior Court of Pennsylvania · 1977
  4. Commonwealth v. BabbSuperior Court of Pennsylvania · 1977
  5. Commonwealth v. ErhartSuperior Court of Pennsylvania · 1977

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