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COMMONWEALTH v. TRIMBLE (04/12/62)

THE SUPERIOR COURT OF PENNSYLVANIA


April 12, 1962

COMMONWEALTH
v.
TRIMBLE, APPELLANT.

Appeal, No. 18, Oct. T., 1962, from order of Court of Quarter Sessions of the Peace of Bucks County, May T., 1961, No. 37, in case of Commonwealth v. Ernest Trimble. Order affirmed.

COUNSEL

Ernest Trimble, appellant, in propria persona.

Don Weisberg, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Montgomery

[ 197 Pa. Super. Page 645]

OPINION BY MONTGOMERY, J.

In this appeal from an order on appellant for the support of his family he assigns nine questions of alleged error, but only two of them were raised in the proceeding below, viz., (a) the right of his spouse to testify and (b) the sufficiency of the evidence. For the reason that they were not raised in the court below, the other seven assignments will not be considered. Sproul v. Stein, 348 Pa. 269, 36 A.2d 61; Parke v. Pennsylvania Threshermen & Farmers Mutual Casualty Ins. Co., 334 Pa. 417, 6 A.2d 304; Blose v. Martens, 176 Pa. Superior Ct. 122, 95 A.2d 340.

As to the two that were raised, the first has no merit since one spouse may testify against the other in proceedings of this nature, Act of May 11, 1911, P.L. 269, ยง 1, 19 P.S. 683; and the second is adequately covered by the opinion of the court below.

Disposition

Order of the court below is affirmed on the opinion of Judge MONROE of the Court of Quarter Sessions of the Peace of Bucks County as reported in 26 Pa.D. & C.2d 561.

19620412

© 1998 VersusLaw Inc.



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