Commonwealth v. Banks

Opinion by

Jacobs, J.,

The issue in this case is whether a criminal defendant is precluded by Pa. R. Crim. P. 1119(b) from raising a basic and fundamental error in the charge of the trial judge in his motion for a new trial where he did not in any manner object or except during the trial.

Appellant was convicted by a jury on two counts of simple assault and battery and acquitted on one in a trial concluded on May 14, 1969. The events giving *407rise to the charges occurred on a sidewalk outside a restaurant in the City of York. No weapons were involved, only fists. Appellant engaged in a fight with…