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COMMONWEALTH v. COUNCIL (12/11/74)

SUPERIOR COURT OF PENNSYLVANIA


decided: December 11, 1974.

COMMONWEALTH
v.
COUNCIL, APPELLANT

Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Sept. T., 1972, No. 775, in case of Commonwealth of Pennsylvania v. John Council.

COUNSEL

George E. Goldstein, and Goldstein and Rosenblum, for appellant.

Steven H. Goldblatt, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

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

Author: Jacobs

[ 231 Pa. Super. Page 156]

In this direct appeal from a conviction on a charge of receiving stolen goods*fn1 the appellant challenges the sufficiency of the evidence to sustain the conviction. We, however, are precluded from reaching the merits of the case in this direct appeal because the appellant did not file post-trial motions in the court below.

"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." Commonwealth v. Reid, 458 Pa. 357, 358, 326 A.2d 267, 267-268 (1974). Issues not presented to the trial court in post-verdict motions will not be considered on appeal. Commonwealth v. Staples, 457 Pa. 468, 326 A.2d 317 (1974).

Judgment affirmed.

Disposition

Judgment of sentence affirmed.


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