COMMONWEALTH v. BANKS


216 Pa.Super. 405 (1970)

Commonwealth v. Banks, Appellant.

Superior Court of Pennsylvania.

June 11, 1970.


Attorney(s) appearing for the Case

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.

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


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 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...

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