Robert X. Medonis, Pittsburgh, for appellant.
Robert W. Duggan, Dist. Atty., Robert L. Eberhardt, Asst. Dist. Atty., Louis R. Paulick, Asst. Dist. Atty., Pittsburgh, for appellee.
Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Eagen, O'Brien and Pomeroy, JJ., concur in the result. Roberts, J., filed a concurring opinion.
The appellant, Dennis McDonald, was convicted by a jury on September 22, 1972 of second degree murder. Post-verdict motions were denied and the appellant received a sentence of ten to twenty years imprisonment. This appeal followed.
Appellant first contends that the trial court erred in denying appellant's application to suppress evidence without complying with rule 323(i) of the Pennsylvania Rules of Criminal Procedure, 19 P.S. Appendix, which requires that findings of fact and conclusions of law be entered on the record. We need not consider the issue, however, since the evidence sought to be suppressed was a statement which was not introduced into evidence. If any error occurred, it was harmless. Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967). Commonwealth v. Davis, 452 Pa. 171, 305 A.2d 715 (1973).
Appellant's next two claims allege errors in the charge to the jury, but there were no specific objections to the alleged errors even though the trial court, after its charge and before the jury retired asked if counsel desired to call any matter to the court's attention. Rule 1119(b) of the Pennsylvania Rules of Criminal Procedure provides that "[n]o portions of the charge nor omissions therefrom may be assigned as error, unless specific objections are made thereto before the jury retires to deliberate." Under that rule, the claims concerning the alleged errors in the charge are not reviewable. See Commonwealth v. Watlington, 452 Pa. 524, 306 A.2d 892 (1973). See also Commonwealth v. Clair, Pa., 326 A.2d 272 (filed October 16, 1974); Dilliplaine v. Lehigh Valley Trust Co., Pa., 322 A.2d 114 (1974).
The last claim raised concerns the Act of May 11, 1911, P.L. 279 § 4, 12 P.S. § 1199. That Act provides for the filing of a transcript of the trial by the official stenographer and for the filing of objections if there is a claim that the filed transcript does not "comport with occurrences at the trial." That Act further provides:
"If no objections be made, or when, after objection, the transcript shall have been so made to comport with the occurrences at the trial, said transcript shall be duly certified by the official stenographer and by the trial judge, shall be filed of record in the case, and shall be treated as official and part of said record for the purposes of review upon appeal, and shall be considered as prima facie accurate whenever thereafter offered in evidence in the same or any other proceeding, without the necessity of calling the stenographer as a witness to prove the same."
In this case, no objections were made to the transcript as filed by the official stenographer and, thus, under the above provision of the Act, the transcript as filed should have been certified by the official stenographer ...