Commonwealth v. Clair

Opinion by

Mr. Justice Nix,

This appeal raises the question of the applicability of the basic and fundamental error doctrine to the failure to properly preserve trial errors in criminal matters.

Appellant was convicted by a jury of the murder of his wife in the second degree. He was sentenced to a term of imprisonment of not less than seven nor more than fourteen years. This is a direct appeal from the judgment of sentence. Act of July 31, 1970, P. L. 673, No. 223, art. II, §202, 17 P.S. 211.202 (Supp. 1974-75).

*420Appellant raises three objections to the jury charge. They are: (1) that the trial…