Appeal from order of Court of Common Pleas of Dauphin County, No. 1493 of 1969, in case of Commonwealth of Pennsylvania v. Robert Louis Porter.
Richard D. Walker, Public Defender, for appellant.
Jerome T. Foerster, Assistant District Attorney, and LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Concurring Opinion by Hoffman, J. Spaulding, J., joins in this concurring opinion.
[ 220 Pa. Super. Page 223]
Concurring Opinion by Hoffman, J.:
The issue presented in the instant appeal is whether the trial judge erred in refusing to admit the testimony of an individual, called by appellant as an alibi witness.*fn1 Appellant concedes that his trial attorney failed to file a notice of alibi as required by Rule 312 of the Pennsylvania Rules of Criminal Procedure.*fn2 In addition,
[ 220 Pa. Super. Page 224]
appellant admits that his attorney took no action in response to notice, in writing, by the District Attorney's office that compliance with the Pennsylvania Rules of Criminal Procedure would be required.
In light of trial counsel's disregard for the Rules of Criminal Procedure, I cannot conclude that the trial court abused its discretion ...