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COMMONWEALTH v. REID (10/16/74)

SUPREME COURT OF PENNSYLVANIA


decided: October 16, 1974.

COMMONWEALTH
v.
REID, APPELLANT

Appeal from judgment of sentence of Court of Common Pleas of Dauphin County, No. 1723 of 1972, in case of Commonwealth of Pennsylvania v. Alexander Reid.

COUNSEL

Clarence B. Turns, Jr., for appellant.

Rolf W. Bienk, Deputy District Attorney, with him Marion E. MacIntyre, Deputy District Attorney, and LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Justice Pomeroy.

Author: Pomeroy

[ 458 Pa. Page 357]

Appellant, Alexander Reid, was convicted by a Dauphin County jury of murder in the second degree.

[ 458 Pa. Page 358]

The slaying in question was precipitated by an argument between Reid and Bernard Anderson, the victim, which took place in front of Reid's home; during the course of the altercation, appellant shot the victim with a small pistol. At trial, Reid claimed that Anderson had threatened to kill him and his companion, James Shavers, and was about to assault them with a brick; he denied any intent to kill Anderson. Following the denial of post-verdict motions, appellant was sentenced to pay a fine of one hundred dollars and undergo a term of imprisonment of not less than ten nor more than twenty years. This appeal followed.

Appellant asserts that his case was prejudiced by allegedly irrelevant testimony concerning a dispute between Shavers and Anderson which had occurred sometime earlier on the day of the slaying.*fn1 This issue, however, was not raised in support of appellant's motion in arrest of judgment and for a new trial. Accordingly, we will not consider it now. The swift and orderly administration of criminal justice requires that lower courts be given the opportunity to rectify their errors before they are considered on appeal. We have said many

[ 458 Pa. Page 359]

    times that we will not review for the first time on appeal issues not properly raised and preserved in the trial court. Commonwealth v. Agie, 449 Pa. 187, 296 A.2d 741 (1972); Commonwealth v. Little, 449 Pa. 28, 295 A.2d 287 (1972); Commonwealth v. Donovan, 447 Pa. 450, 291 A.2d 116 (1972); Commonwealth v. Jacobs, 445 Pa. 364, 367, 284 A.2d 717 (1971); Commonwealth v. Bittner, 441 Pa. 216, 221, 272 A.2d 484, 487 (1971); Commonwealth v. Myers, 439 Pa. 381, 384-85, 266 A.2d 756 (1970).

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.


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