Commonwealth v. MATCHESON

Dissenting Opinion by

Hoffman, J,:

I respectfully dissent from the opinion of the majority.

Judgment of sentence for larceny was entered against appellants in the Criminal Division, Court of Common Pleas of Lackawanna County, following a jury trial. The right to appeal from such judgment of sentence is guaranteed by Article Y, Section 9 of the Pennsylvania Constitution and the Act of June 24, 1895, P. L. 212, §7(a), as amended, 17 P.S. §182 (Supp. 1969). The majority holds that appellants never filed motions for a new trial and, therefore, waived the right of appeal. A holding that appellants…