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COMMONWEALTH v. DETWILER (06/21/74)

SUPERIOR COURT OF PENNSYLVANIA


decided: June 21, 1974.

COMMONWEALTH
v.
DETWILER, APPELLANT

Appeal from judgment of sentence of Court of Common Pleas of Blair County, March T., 1972, No. 37, in case of Commonwealth of Pennsylvania v. Mahlon B. Detwiler.

COUNSEL

Eugene J. Ianuzzi, for appellant.

Thomas G. Peoples, Jr. and John Woodcock, Jr., Assistant District Attorneys, and Amos Davis, District Attorney, for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Jacobs, J.

Author: Jacobs

[ 229 Pa. Super. Page 34]

The appellant herein was convicted of assault with intent to kill, but contends that at trial he produced evidence of intoxication sufficient to negate mens rea. However, no record was made of the trial and no attempt has been made to provide this Court with an equivalent picture of what transpired at trial. Under such circumstances we cannot give meaningful appellate review of the question raised.

At the inception of the trial, appellant's counsel waived the recording of testimony and at sentencing the same counsel waived the right to file post-trial motions. The effectiveness of such waivers should be determined in a proceeding under the Post Conviction Hearing Act.*fn1

Judgment affirmed without prejudice to the right of appellant to proceed with his remedies under the Post Conviction Hearing Act in the court below.

Disposition

Judgment of sentence affirmed.


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