decided: September 19, 1973.
Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, June T., 1971, Nos. 319 and 323, in case of Commonwealth of Pennsylvania v. Robert Sasser.
Edward K. Nichols, Jr., for appellant.
Linda West Conley and Milton M. Stein, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.
Author: Per Curiam
[ 453 Pa. Page 623]
Appellant Robert Sasser's judgment of sentence upon conviction of second degree murder is affirmed. This Court will not consider appellant's contention that his extra-judicial statement should have been suppressed because the fruit of an unlawful arrest in view of his failure to raise that issue pretrial as required by Pennsylvania Rule of Criminal Procedure 323(b). Appellant's contention that the evidence was insufficient to show his participation in the murder is meritless. Commonwealth v. Robb, 284 Pa. 99, 130 A. 302 (1925). See also Commonwealth v. Pierce, 437 Pa. 266, 263 A.2d 350 (1970).
Judgment of sentence affirmed.
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