Commonwealth v. Banks

216 Pa. Superior Ct. 405 (1970)

Commonwealth

v.

Banks, Appellant.

Superior Court of Pennsylvania.

Argued March 9, 1970.

June 11, 1970.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

Mark Woodbury, III, Assistant Public Defender, for appellant.

Jan M. Wiley, Assistant District Attorney, with him Harold N. Fitzkee, Jr., District Attorney, for Commonwealth, appellee.

OPINION BY JACOBS, J., June 11, 1970:

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…